Bill Text: FL S1528 | 2016 | Regular Session | Comm Sub
Bill Title: Illicit Drugs
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2016-03-03 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1347 (Ch. 2016-105) [S1528 Detail]
Download: Florida-2016-S1528-Comm_Sub.html
Florida Senate - 2016 CS for CS for SB 1528 By the Committees on Appropriations; and Regulated Industries; and Senator Simpson 576-04192-16 20161528c2 1 A bill to be entitled 2 An act relating to illicit drugs; amending s. 893.02, 3 F.S.; defining terms; deleting a definition; revising 4 definitions; amending s. 893.03, F.S.; providing that 5 class designation is a way to reference scheduled 6 controlled substances; adding, deleting, and revising 7 the list of Schedule I controlled substances; revising 8 the list of Schedule III anabolic steroids; amending 9 s. 893.033, F.S.; adding, deleting, and revising the 10 list of precursor and essential chemicals; amending s. 11 893.0356, F.S.; defining the term “substantially 12 similar”; deleting the term “potential for abuse”; 13 requiring that a controlled substance analog be 14 treated as the highest scheduled controlled substance 15 of which it is an analog; amending s. 893.13, F.S.; 16 creating a noncriminal penalty for selling, 17 manufacturing, or delivering or for possessing with 18 intent to sell, manufacture, or deliver any unlawful 19 controlled substance in, on, or near an assisted 20 living facility; creating a criminal penalty for a 21 person 18 years of age or older who delivers to a 22 person younger than 18 years of age any illegal 23 controlled substance, who uses or hires a person 24 younger than 18 years of age in the sale or delivery 25 of such substance, or who uses a person younger than 26 18 years of age to assist in avoiding detection for 27 specified violations; deleting a criminal penalty for 28 possession of a certain amount of specified controlled 29 substances; deleting certain exclusions from the 30 definition of the term “cannabis”; creating a criminal 31 penalty for possession of specified controlled 32 substances; correcting a cross-reference; amending s. 33 893.135, F.S.; revising a dosage unit to include a 34 gelatin capsule for the purpose of clarifying 35 legislative intent regarding the weighing of a mixture 36 containing a controlled substance; amending s. 37 893.138, F.S.; authorizing a place or premises that 38 has been used on two or more occasions for specified 39 violations within a certain time period to be declared 40 a public nuisance; amending s. 893.145, F.S.; revising 41 the definition of the term “drug paraphernalia”; 42 amending s. 895.02, F.S.; revising the definition of 43 the term “racketeering activity”; amending s. 44 921.0022, F.S.; adding an adult delivering controlled 45 substances to a minor, using or hiring a minor to sell 46 controlled substances, or using a minor to avoid 47 detection or apprehension to level 3 of the offense 48 severity ranking chart of the Criminal Punishment 49 Code; making technical changes; reenacting ss. 50 39.01(30)(a) and (g), 316.193(5), 322.2616(2)(c), 51 327.35(5), 440.102(11)(b), 456.44(2), 458.326(3), 52 458.3265(1)(e), 459.0137(1)(e), 463.0055(4)(a), 53 465.0276(1)(b), 499.0121(14) and (15)(a), 54 499.029(3)(a), 782.04(1) and (4), 787.06(2)(a), 55 817.563(1), 831.31, 893.0301, 893.035(7)(a), 56 893.05(1), 893.055(1)(b), 893.07(5)(b), 893.12(2)(b), 57 (c), and (d), and 944.474(2), F.S., to incorporate the 58 amendment made to s. 893.03, F.S., in references 59 thereto; reenacting s. 893.149(4), F.S., to 60 incorporate the amendment made to s. 893.033, F.S., in 61 a reference thereto; reenacting ss. 397.451(4)(b), 62 435.07(2), 772.12(2), 775.084(1)(a), 810.02(3), 63 812.014(2), 831.311(1), 893.1351(1), 893.138(3), 64 893.15, 903.133, and 921.187(1)(l), F.S., to 65 incorporate the amendment made to s. 893.13, F.S., in 66 references thereto; reenacting ss. 893.12(2)(a) and 67 893.147(6)(a), F.S., to incorporate the amendment made 68 to s. 893.145, F.S., in references thereto; reenacting 69 ss. 16.56(1)(a), 655.50(3)(g), 896.101(2)(g), and 70 905.34, F.S., to incorporate the amendment made to s. 71 895.02, F.S., in references thereto; providing an 72 effective date. 73 74 Be It Enacted by the Legislature of the State of Florida: 75 76 Section 1. Subsections (2), (11), and (16) of section 77 893.02, Florida Statutes, are amended, new subsections (17) and 78 (20) are added to that section, present subsections (17), (18), 79 (19), (20), (21), (22), and (23) of that section are 80 redesignated as subsections (18), (19), (21), (22), (23), (24), 81 and (25), respectively, and subsections (4) and (14) are 82 republished, to read: 83 893.02 Definitions.—The following words and phrases as used 84 in this chapter shall have the following meanings, unless the 85 context otherwise requires: 86 (2) “Cannabinoid receptor agonist” means a chemical 87 compound or substance that, according to scientific or medical 88 research, study, testing, or analysis demonstrates the presence 89 of binding activity at one or more of the CB1 or CB2 cell 90 membrane receptors located within the human body“Analog” or91“chemical analog” means a structural derivative of a parent92compound that is a controlled substance. 93 (4) “Controlled substance” means any substance named or 94 described in Schedules I-V of s. 893.03. Laws controlling the 95 manufacture, distribution, preparation, dispensing, or 96 administration of such substances are drug abuse laws. 97 (11) “Homologue” means a chemical compound in a series in 98 which each compound differs by one or more repeating hydrocarbon 99 functional group units at any single point within the compound 100alkyl functional groups on an alkyl side chain. 101 (14) “Listed chemical” means any precursor chemical or 102 essential chemical named or described in s. 893.033. 103 (16) “Mixture” means any physical combination of two or 104 more substances, including, but not limited to, a blend, an 105 aggregation, a suspension, an emulsion, a solution, or a dosage 106 unit, whether or not such combination can be separated into its 107 components by physical means, whether mechanical or thermal. 108 (17) “Nitrogen-heterocyclic analog” means an analog of a 109 controlled substance which has a single carbon atom in a cyclic 110 structure of a compound replaced by a nitrogen atom. 111 (20) “Positional isomer” means any substance that possesses 112 the same molecular formula and core structure and that has the 113 same functional group or substituent as those found in the 114 respective controlled substance, attached at any positions on 115 the core structure, but in such manner that no new chemical 116 functionalities are created and no existing chemical 117 functionalities are destroyed relative to the respective 118 controlled substance. Rearrangements of alkyl moieties within or 119 between functional groups or substituents, or divisions or 120 combinations of alkyl moieties, which do not create new chemical 121 functionalities or destroy existing chemical functionalities, 122 are allowed and include resulting compounds that are positional 123 isomers. As used in this definition, the term “core structure” 124 means the parent molecule that is the common basis for the class 125 that includes, but is not limited to, tryptamine, 126 phenethylamine, or ergoline. Examples of rearrangements 127 resulting in creation or destruction of chemical 128 functionalities, and therefore resulting in compounds that are 129 not positional isomers, include, but are not limited to, ethoxy 130 to alpha-hydroxyethyl, hydroxy and methyl to methoxy, or the 131 repositioning of a phenolic or alcoholic hydroxy group to create 132 a hydroxyamine. Examples of rearrangements resulting in 133 compounds that would be positional isomers, include, but are not 134 limited to, tert-butyl to sec-butyl, methoxy and ethyl to 135 isopropoxy, N,N-diethyl to N-methyl-N-propyl, or alpha 136 methylamino to N-methylamino. 137 Section 2. Section 893.03, Florida Statutes, is amended to 138 read: 139 893.03 Standards and schedules.—The substances enumerated 140 in this section are controlled by this chapter. The controlled 141 substances listed or to be listed in Schedules I, II, III, IV, 142 and V are included by whatever official, common, usual, 143 chemical,ortrade name, or class designated. The provisions of 144 this section shall not be construed to include within any of the 145 schedules contained in this section any excluded drugs listed 146 within the purview of 21 C.F.R. s. 1308.22, styled “Excluded 147 Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical 148 Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted 149 Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt 150 Anabolic Steroid Products.” 151 (1) SCHEDULE I.—A substance in Schedule I has a high 152 potential for abuse and has no currently accepted medical use in 153 treatment in the United States and in its use under medical 154 supervision does not meet accepted safety standards. The 155 following substances are controlled in Schedule I: 156 (a) Unless specifically excepted or unless listed in 157 another schedule, any of the following substances, including 158 their isomers, esters, ethers, salts, and salts of isomers, 159 esters, and ethers, whenever the existence of such isomers, 160 esters, ethers, and salts is possible within the specific 161 chemical designation: 162 1. Acetyl-alpha-methylfentanyl. 163 2. Acetylmethadol. 164 3. Allylprodine. 165 4. Alphacetylmethadol (except levo-alphacetylmethadol, also 166 known as levo-alpha-acetylmethadol, levomethadyl acetate, or 167 LAAM). 168 5. Alphamethadol. 169 6. Alpha-methylfentanyl (N-[1-(alpha-methyl-betaphenyl) 170 ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4 171 (N-propanilido) piperidine). 172 7. Alpha-methylthiofentanyl. 173 8. Alphameprodine. 174 9. Benzethidine. 175 10. Benzylfentanyl. 176 11. Betacetylmethadol. 177 12. Beta-hydroxyfentanyl. 178 13. Beta-hydroxy-3-methylfentanyl. 179 14. Betameprodine. 180 15. Betamethadol. 181 16. Betaprodine. 182 17. Clonitazene. 183 18. Dextromoramide. 184 19. Diampromide. 185 20. Diethylthiambutene. 186 21. Difenoxin. 187 22. Dimenoxadol. 188 23. Dimepheptanol. 189 24. Dimethylthiambutene. 190 25. Dioxaphetyl butyrate. 191 26. Dipipanone. 192 27. Ethylmethylthiambutene. 193 28. Etonitazene. 194 29. Etoxeridine. 195 30. Flunitrazepam. 196 31. Furethidine. 197 32. Hydroxypethidine. 198 33. Ketobemidone. 199 34. Levomoramide. 200 35. Levophenacylmorphan. 201 36. Desmethylprodine (1-Methyl-4-Phenyl-4 202 Propionoxypiperidine)(MPPP). 203 37. 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4 204 piperidyl]-N-phenylpropanamide). 205 38. 3-Methylthiofentanyl. 206 39. Morpheridine. 207 40. Noracymethadol. 208 41. Norlevorphanol. 209 42. Normethadone. 210 43. Norpipanone. 211 44. Para-Fluorofentanyl. 212 45. Phenadoxone. 213 46. Phenampromide. 214 47. Phenomorphan. 215 48. Phenoperidine. 216 49. PEPAP (1-(2-Phenylethyl)-4-Phenyl-4 217 Acetyloxypiperidine)(PEPAP). 218 50. Piritramide. 219 51. Proheptazine. 220 52. Properidine. 221 53. Propiram. 222 54. Racemoramide. 223 55. Thenylfentanyl. 224 56. Thiofentanyl. 225 57. Tilidine. 226 58. Trimeperidine. 227 59. Acetylfentanyl. 228 60. Butyrylfentanyl. 229 61. Beta-Hydroxythiofentanyl. 230 (b) Unless specifically excepted or unless listed in 231 another schedule, any of the following substances, their salts, 232 isomers, and salts of isomers, whenever the existence of such 233 salts, isomers, and salts of isomers is possible within the 234 specific chemical designation: 235 1. Acetorphine. 236 2. Acetyldihydrocodeine. 237 3. Benzylmorphine. 238 4. Codeine methylbromide. 239 5. Codeine-N-Oxide. 240 6. Cyprenorphine. 241 7. Desomorphine. 242 8. Dihydromorphine. 243 9. Drotebanol. 244 10. Etorphine (except hydrochloride salt). 245 11. Heroin. 246 12. Hydromorphinol. 247 13. Methyldesorphine. 248 14. Methyldihydromorphine. 249 15. Monoacetylmorphine. 250 16. Morphine methylbromide. 251 17. Morphine methylsulfonate. 252 18. Morphine-N-Oxide. 253 19. Myrophine. 254 20. Nicocodine. 255 21. Nicomorphine. 256 22. Normorphine. 257 23. Pholcodine. 258 24. Thebacon. 259 (c) Unless specifically excepted or unless listed in 260 another schedule, any material, compound, mixture, or 261 preparation that contains any quantity of the following 262 hallucinogenic substances or that contains any of their salts, 263 isomers, including optical, positional, or geometric isomers, 264 homologues, nitrogen-heterocyclic analogs, esters, ethers, and 265 salts of isomers, homologues, nitrogen-heterocyclic analogs, 266 esters, or ethers, if the existence of such salts, isomers, and 267 salts of isomers is possible within the specific chemical 268 designation or class description: 269 1. Alpha-Ethyltryptamine. 270 2. 4-Methylaminorex (2-Amino-4-methyl-5-phenyl-2-oxazoline) 271(4-methylaminorex). 272 3. Aminorex (2-Amino-5-phenyl-2-oxazoline)(Aminorex). 273 4. DOB (4-Bromo-2,5-dimethoxyamphetamine). 274 5. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine). 275 6. Bufotenine. 276 7. Cannabis. 277 8. Cathinone. 278 9. DET (Diethyltryptamine). 279 10. 2,5-Dimethoxyamphetamine. 280 11. DOET (4-Ethyl-2,5-Dimethoxyamphetamine)2,5-Dimethoxy2814-ethylamphetamine (DOET). 282 12. DMT (Dimethyltryptamine). 283 13. PCE (N-Ethyl-1-phenylcyclohexylamine)(PCE)(Ethylamine 284 analog of phencyclidine). 285 14. JB-318 (N-Ethyl-3-piperidyl benzilate). 286 15. N-Ethylamphetamine. 287 16. Fenethylline. 288 17. 3,4-Methylenedioxy-N-hydroxyamphetamineN-Hydroxy-3,4289methylenedioxyamphetamine. 290 18. Ibogaine. 291 19. LSD (Lysergic acid diethylamide)(LSD). 292 20. Mescaline. 293 21. Methcathinone. 294 22. 5-Methoxy-3,4-methylenedioxyamphetamine. 295 23. PMA (4-Methoxyamphetamine). 296 24. PMMA (4-Methoxymethamphetamine). 297 25. DOM (4-Methyl-2,5-dimethoxyamphetamine). 298 26. MDEA (3,4-Methylenedioxy-N-ethylamphetamine). 299 27. MDA (3,4-Methylenedioxyamphetamine). 300 28. JB-336 (N-Methyl-3-piperidyl benzilate). 301 29. N,N-Dimethylamphetamine. 302 30. Parahexyl. 303 31. Peyote. 304 32. PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine)(PCPY)305 (Pyrrolidine analog of phencyclidine). 306 33. Psilocybin. 307 34. Psilocyn. 308 35. Salvia divinorum, except for any drug product approved 309 by the United States Food and Drug Administration which contains 310 Salvia divinorum or its isomers, esters, ethers, salts, and 311 salts of isomers, esters, and ethers, if the existence of such 312 isomers, esters, ethers, and salts is possible within the 313 specific chemical designation. 314 36. Salvinorin A, except for any drug product approved by 315 the United States Food and Drug Administration which contains 316 Salvinorin A or its isomers, esters, ethers, salts, and salts of 317 isomers, esters, and ethers, if the existence of such isomers, 318 esters, ethers, and salts is possible within the specific 319 chemical designation. 32037. Tetrahydrocannabinols.321 37. Xylazine. 322 38. TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperidine)(TCP)323 (Thiophene analog of phencyclidine). 324 39. 3,4,5-Trimethoxyamphetamine. 325 40. Methylone (3,4-Methylenedioxymethcathinone). 326 41. MDPV (3,4-Methylenedioxypyrovalerone)(MDPV). 327 42. Methylmethcathinone. 328 43. Methoxymethcathinone. 329 44. Fluoromethcathinone. 330 45. Methylethcathinone. 331 46. CP 47,497 (2-([(1R,3S)-3-Hydroxycyclohexyl)]-5-(2 332 methyloctan-2-yl)phenol), also known as CP 47,497and its 333 dimethyloctyl (C8) homologue. 334 47. HU-210 [(6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2 335 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol],336also known as HU-210. 337 48. JWH-018 (1-Pentyl-3-(1-naphthoyl)indole), also known as338JWH-018. 339 49. JWH-073 (1-Butyl-3-(1-naphthoyl)indole), also known as340JWH-073. 341 50. JWH-200 (1-[2-(4-Morpholinyl)ethyl]-3-(1 342 naphthoyl)indole), also known as JWH-200. 343 51. BZP (Benzylpiperazine). 344 52. Fluorophenylpiperazine. 345 53. Methylphenylpiperazine. 346 54. Chlorophenylpiperazine. 347 55. Methoxyphenylpiperazine. 348 56. DBZP (1,4-Dibenzylpiperazine). 349 57. TFMPP (3-Trifluoromethylphenylpiperazine). 350 58. MBDB (Methylbenzodioxolylbutanamine) or (3,4 351 Methylenedioxy-N-methylbutanamine). 352 59. 5-Hydroxy-AMT (5-Hydroxy-alpha-methyltryptamine). 353 60. 5-Hydroxy-N-methyltryptamine. 354 61. 5-MeO-MiPT (5-Methoxy-N-methyl-N-isopropyltryptamine). 355 62. 5-MeO-AMT (5-Methoxy-alpha-methyltryptamine). 356 63. Methyltryptamine. 357 64. 5-MeO-DMT (5-Methoxy-N,N-dimethyltryptamine). 358 65. 5-Me-DMT (5-Methyl-N,N-dimethyltryptamine). 359 66. Tyramine (4-Hydroxyphenethylamine). 360 67. 5-MeO-DiPT (5-Methoxy-N,N-Diisopropyltryptamine). 361 68. DiPT (N,N-Diisopropyltryptamine). 362 69. DPT (N,N-Dipropyltryptamine). 363 70. 4-Hydroxy-DiPT (4-Hydroxy-N,N-diisopropyltryptamine). 364 71. 5-MeO-DALT (5-Methoxy-N,N-Diallyltryptamine)N,N365Diallyl-5-Methoxytryptamine. 366 72. DOI (4-Iodo-2,5-dimethoxyamphetamine). 367 73. DOC (4-Chloro-2,5-dimethoxyamphetamine). 368 74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine). 369 75. 2C-T-4 (4-Isopropylthio-2,5-dimethoxyphenethylamine) 3702,5-Dimethoxy-4-isopropylthiophenethylamine). 371 76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine). 372 77. 2C-T (4-Methylthio-2,5-dimethoxyphenethylamine)2,5373Dimethoxy-4-methylthiophenethylamine). 374 78. 2C-T-2 (4-Ethylthio-2,5-dimethoxyphenethylamine)2,5375Dimethoxy-4-ethylthiophenethylamine). 376 79. 2C-T-7 (4-(n)-Propylthio-2,5-dimethoxyphenethylamine) 3772,5-Dimethoxy-4-(n)-propylthiophenethylamine). 378 80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine). 379 81. Butylone (3,4-Methylenedioxy-alpha 380 methylaminobutyrophenone)beta-keto-N381methylbenzodioxolylpropylamine). 382 82. Ethcathinone. 383 83. Ethylone (3,4-Methylenedioxy-N-ethylcathinone). 384 84. Naphyrone (Naphthylpyrovalerone). 385 85. Dimethylone (3,4-Methylenedioxy-N,N-dimethylcathinone) 386N-N-Dimethyl-3,4-methylenedioxycathinone. 387 86. 3,4-Methylenedioxy-N,N-diethylcathinoneN-N-Diethyl3883,4-methylenedioxycathinone. 389 87. 3,4-Methylenedioxy-propiophenone. 390 88. 3,4-Methylenedioxy-alpha-bromopropiophenone2-Bromo3913,4-Methylenedioxypropiophenone. 392 89. 3,4-Methylenedioxy-propiophenone-2-oxime. 393 90. 3,4-Methylenedioxy-N-acetylcathinoneN-Acetyl-3,4394methylenedioxycathinone. 395 91. 3,4-Methylenedioxy-N-acetylmethcathinoneN-Acetyl-N396Methyl-3,4-Methylenedioxycathinone. 397 92. 3,4-Methylenedioxy-N-acetylethcathinoneN-Acetyl-N398Ethyl-3,4-Methylenedioxycathinone. 399 93. Bromomethcathinone. 400 94. Buphedrone (alpha-Methylamino-butyrophenone). 401 95. Eutylone (3,4-Methylenedioxy-alpha 402 ethylaminobutyrophenone)beta-Keto403Ethylbenzodioxolylbutanamine). 404 96. Dimethylcathinone. 405 97. Dimethylmethcathinone. 406 98. Pentylone (3,4-Methylenedioxy-alpha 407 methylaminovalerophenone)(beta-Keto408Methylbenzodioxolylpentanamine). 409 99. MDPPP (3,4-Methylenedioxy-alpha 410 pyrrolidinopropiophenone)(MDPPP)3,4-Methylenedioxy-alpha411pyrrolidinopropiophenone. 412 100. MDPBP (3,4-Methylenedioxy-alpha 413 pyrrolidinobutyrophenone)(MDPBP)3,4-Methylenedioxy-alpha414pyrrolidinobutiophenone. 415 101. MOPPP (Methoxy-alpha-pyrrolidinopropiophenone) 416(MOPPP). 417 102. MPHP (Methyl-alpha-pyrrolidinohexanophenone)Methyl418alpha-pyrrolidinohexiophenone(MPHP). 419 103. BTCP (Benzothiophenylcyclohexylpiperidine) or BCP 420 (Benocyclidine)Benocyclidine (BCP) or421benzothiophenylcyclohexylpiperidine (BTCP). 422 104. F-MABP (Fluoromethylaminobutyrophenone)(F-MABP). 423 105. MeO-PBP (Methoxypyrrolidinobutyrophenone)(MeO-PBP). 424 106. Et-PBP (Ethyl-pyrrolidinobutyrophenone)(Et-PBP). 425 107. 3-Me-4-MeO-MCAT (3-Methyl-4-Methoxymethcathinone)(3426Me-4-MeO-MCAT). 427 108. Me-EABP (Methylethylaminobutyrophenone)(Me-EABP). 428 109. EtizolamMethylamino-butyrophenone (MABP). 429 110. PPP (Pyrrolidinopropiophenone)(PPP). 430 111. PBP (Pyrrolidinobutyrophenone)Pyrrolidinobutiophenone431(PBP). 432 112. PVP (Pyrrolidinovalerophenone) or 433 (Pyrrolidinopentiophenone)(PVP). 434 113. MPPP (Methyl-alpha-pyrrolidinopropiophenone)(MPPP). 435 114. JWH-007 (1-Pentyl-2-methyl-3-(1-naphthoyl)indole). 436 115. JWH-015 (1-Propyl-2-methyl-3-(1-naphthoyl)indole)2437Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone). 438 116. JWH-019 (1-Hexyl-3-(1-naphthoyl)indole)Naphthalen-1439yl-(1-hexylindol-3-yl)methanone). 440 117. JWH-020 (1-Heptyl-3-(1-naphthoyl)indole). 441 118. JWH-072 (1-Propyl-3-(1-naphthoyl)indole)Naphthalen-1442yl-(1-propyl-1H-indol-3-yl)methanone). 443 119. JWH-081 (1-Pentyl-3-(4-methoxy-1-naphthoyl)indole)4444methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone). 445 120. JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole). 446 121. JWH-133 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methylpentan 447 2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene)((6aR,10aR)-3448(1,1-Dimethylbutyl)-6a,7,10,10a-tetrahydro-6,6,9-trimethyl-6H449dibenzo[b,d]pyran)). 450 122. JWH-175 (1-Pentyl-3-(1-naphthylmethyl)indole)3451(naphthalen-1-ylmethyl)-1-pentyl-1H-indole). 452 123. JWH-201 (1-Pentyl-3-(4-methoxyphenylacetyl)indole). 453 124. JWH-203 (1-Pentyl-3-(2-chlorophenylacetyl)indole)2454(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone). 455 125. JWH-210 (1-Pentyl-3-(4-ethyl-1-naphthoyl)indole)4456ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone). 457 126. JWH-250 (1-Pentyl-3-(2-methoxyphenylacetyl)indole)2458(2-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone). 459 127. JWH-251 (1-Pentyl-3-(2-methylphenylacetyl)indole)2460(2-methylphenyl)-1-(1-pentyl-1H-indol-3-yl)ethanone). 461 128. JWH-302 (1-Pentyl-3-(3-methoxyphenylacetyl)indole). 462 129. JWH-398 (1-Pentyl-3-(4-chloro-1-naphthoyl)indole). 463 130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3 464 (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1 465 ol). 466 131. HU-308 ([(1R,2R,5R)-2-[2,6-Dimethoxy-4-(2-methyloctan 467 2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl] 468 methanol). 469 132. HU-331 (3-Hydroxy-2-[(1R,6R)-3-methyl-6-(1 470 methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene 471 1,4-dione). 472 133. CB-13 (4-Pentyloxy-1-(1-naphthoyl)naphthalene) 473Naphthalen-1-yl-(4-pentyloxynaphthalen-1-yl)methanone). 474 134. CB-25 (N-Cyclopropyl-11-(3-hydroxy-5-pentylphenoxy) 475 undecanamide). 476 135. CB-52 (N-Cyclopropyl-11-(2-hexyl-5-hydroxyphenoxy)- 477 undecanamide). 478 136. CP 55,940 (2-[3-Hydroxy-5-propanol-cyclohexyl]-5-(2 479 methyloctan-2-yl)phenol)2-[(1R,2R,5R)-5-hydroxy-2-(3480hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-yl)phenol). 481 137. AM-694 (1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole)1482[(5-fluoropentyl)-1H-indol-3-yl]-(2-iodophenyl)methanone). 483 138. AM-2201 (1-(5-Fluoropentyl)-3-(1-naphthoyl)indole)1484[(5-fluoropentyl)-1H-indol-3-yl]-(naphthalen-1-yl)methanone). 485 139. RCS-4 (1-Pentyl-3-(4-methoxybenzoyl)indole)(4486methoxyphenyl) (1-pentyl-1H-indol-3-yl)methanone). 487 140. RCS-8 (1-(2-Cyclohexylethyl)-3-(2 488 methoxyphenylacetyl)indole)1-(1-(2-cyclohexylethyl)-1H-indol-3489yl)-2-(2-methoxyphenylethanone). 490 141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4 491 morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1 492 naphthalenylmethanone). 493 142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4 494 morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1 495 naphthalenylmethanone). 496 143. Pentedrone (alpha-Methylaminovalerophenone)2497(methylamino)-1-phenyl-1-pentanone). 498 144. Fluoroamphetamine. 499 145. Fluoromethamphetamine. 500 146. Methoxetamine. 501 147. Methiopropamine. 502 148.4-Methylbuphedrone (Methyl-alpha 503 methylaminobutyrophenone)2-Methylamino-1-(4-methylphenyl)butan5041-one). 505 149. APB ((2-Aminopropyl)benzofuran). 506 150. APDB ((2-Aminopropyl)-2,3-dihydrobenzofuran). 507 151. UR-144 (1-Pentyl-3-(2,2,3,3 508 tetramethylcyclopropanoyl)indole)(1-pentyl-1H-indol-3509yl)(2,2,3,3-tetramethylcyclopropyl)methanone). 510 152. XLR11 (1-(5-Fluoropentyl)-3-(2,2,3,3 511 tetramethylcyclopropanoyl)indole)(1-(5-fluoropentyl)-1H-indol5123-yl)(2,2,3,3-tetramethylcyclopropyl)methanone). 513 153. Chloro UR-144 (1-(Chloropentyl)-3-(2,2,3,3 514 tetramethylcyclopropanoyl)indole)(1-(5-chloropentyl)-1H-indol5153-yl)(2,2,3,3-tetramethylcyclopropyl)methanone. 516 154. AKB48 (N-Adamant-1-yl 1-pentylindazole-3-carboxamide) 5171-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3518carboxamide). 519 155. AM-2233(1-[(N-Methyl-2-piperidinyl)methyl]-3-(2 520 iodobenzoyl)indole)(2-iodophenyl)[1-[(1-methyl-2521piperidinyl)methyl]-1H-indol-3-yl]-methanone). 522 156. STS-135 (N-Adamant-1-yl 1-(5-fluoropentyl)indole-3 523 carboxamide)1-(5-fluoropentyl)-N-tricyclo[3.3.1.13,7]dec-1-yl5241H-indole-3-carboxamide). 525 157. URB-597 ((3’-(Aminocarbonyl)[1,1’-biphenyl]-3-yl) 526 cyclohexylcarbamate). 527 158. URB-602 ([1,1’-Biphenyl]-3-yl-carbamic acid, 528 cyclohexyl ester). 529 159. URB-754 (6-Methyl-2-[(4-methylphenyl)amino]-1 530 benzoxazin-4-one). 531 160. 2C-D (4-Methyl-2,5-dimethoxyphenethylamine)2-(2,5532Dimethoxy-4-methylphenyl)ethanamine). 533 161. 2C-H (2,5-Dimethoxyphenethylamine)2-(2,5534Dimethoxyphenyl)ethanamine). 535 162. 2C-N (4-Nitro-2,5-dimethoxyphenethylamine)2-(2,5536Dimethoxy-4-nitrophenyl)ethanamine). 537 163. 2C-P (4-(n)-Propyl-2,5-dimethoxyphenethylamine)2538(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine). 539 164. 25I-NBOMe (4-Iodo-2,5-dimethoxy-[N-(2 540 methoxybenzyl)]phenethylamine)4-iodo-2,5-dimethoxy-N-[(2541methoxyphenyl)methyl]-benzeneethanamine). 542 165. MDMA (3,4-Methylenedioxymethamphetamine)(MDMA). 543 166. PB-22 (8-Quinolinyl 1-pentylindole-3-carboxylate)1544pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid). 545 167.5-Fluoro PB-22 (8-Quinolinyl 1-(fluoropentyl)indole-3 546 carboxylate)8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3547carboxylic acid). 548 168. BB-22 (8-Quinolinyl 1-(cyclohexylmethyl)indole-3 549 carboxylate)1-(cyclohexylmethyl)-8-quinolinyl ester-1H-indole5503-carboxylic acid). 551 169.5-Fluoro AKB48 (N-Adamant-1-yl 1 552 (fluoropentyl)indazole-3-carboxamide)N-((3s,5s,7s)-adamantan-1553yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide). 554 170. AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1 555 pentylindazole-3-carboxamide)N-(1-Amino-3-methyl-1-oxobutan-2556yl)-1-pentyl-1H-indazole-3-carboxamide). 557 171. AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1 558 (4-fluorobenzyl)indazole-3-carboxamide)N-(1-Amino-3-methyl-1559oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide). 560 172. ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl) 561 1-pentylindazole-3-carboxamide)N-(1-Amino-3,3-dimethyl-1562oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide). 563 173. Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2 564 yl)-1-(fluoropentyl)indole-3-carboxamide)N-(1-Amino-3,3565dimethyl-1-oxobutan-2-yl)-1-(fluoropentyl)-1H-indole-3566carboxamide). 567 174. 25B-NBOMe (4-Bromo-2,5-dimethoxy-[N-(2 568 methoxybenzyl)]phenethylamine)4-bromo-2,5-dimethoxy-N-[(2569methoxyphenyl)methyl]-benzeneethanamine). 570 175. 25C-C-NBOMe (4-Chloro-2,5-dimethoxy-[N-(2 571 methoxybenzyl)]phenethylamine)4-chloro-2,5-dimethoxy-N-[(2572methoxyphenyl)methyl]-benzeneethanamine). 573 176. AB-CHMINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1 574 (cyclohexylmethyl)indazole-3-carboxamide):N-[1-(aminocarbonyl)5752-methylpropyl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide. 576 177. FUB-PB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indole-3 577 carboxylate): Quinolin-8-yl-1-(4-fluorobenzyl)-1H-indole-3578carboxylate. 579 178. Fluoro-NNEI (N-Naphthalen-1-yl 1-(fluoropentyl)indole 580 3-carboxamide):1-(Fluoropentyl)-N-(naphthalen-1-yl)-1H-indole5813-carboxamide. 582 179. Fluoro-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1 583 (fluoropentyl)indazole-3-carboxamide):Methyl 2-(1584(fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate. 585 180. THJ-2201 (1-(5-Fluoropentyl)-3-(1-naphthoyl)indazole):586[1-(5-Fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone. 587 181. AM-855 ((4aR,12bR)-8-Hexyl-2,5,5-trimethyl 588 1,4,4a,8,9,10,11,12b-octahydronaphtho[3,2-c]isochromen-12-ol). 589 182. AM-905 ((6aR,9R,10aR)-3-[(E)-Hept-1-enyl]-9 590 (hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a 591 hexahydrobenzo[c]chromen-1-ol). 592 183. AM-906 ((6aR,9R,10aR)-3-[(Z)-Hept-1-enyl]-9 593 (hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a 594 hexahydrobenzo[c]chromen-1-ol). 595 184. AM-2389 ((6aR,9R,10aR)-3-(1-Hexyl-cyclobut-1-yl) 596 6a,7,8,9,10,10a-hexahydro-6,6-dimethyl-6H-dibenzo[b,d]pyran-1,9 597 diol). 598 185. HU-243 ((6aR,8S,9S,10aR)-9-(Hydroxymethyl)-6,6 599 dimethyl-3-(2-methyloctan-2-yl)-8,9-ditritio-7,8,10,10a 600 tetrahydro-6aH-benzo[c]chromen-1-ol). 601 186. HU-336 ((6aR,10aR)-6,6,9-Trimethyl-3-pentyl 602 6a,7,10,10a-tetrahydro-1H-benzo[c]chromene-1,4(6H)-dione). 603 187. MAPB ((2-Methylaminopropyl)benzofuran). 604 188. 5-IT (2-(1H-Indol-5-yl)-1-methyl-ethylamine). 605 189. 6-IT (2-(1H-Indol-6-yl)-1-methyl-ethylamine). 606 190. Synthetic Cannabinoids. Unless specifically excepted 607 or unless listed in another schedule or contained within a 608 pharmaceutical product approved by the United States Food and 609 Drug Administration, any material, compound, mixture, or 610 preparation that contains any quantity of a synthetic 611 cannabinoid found to be in any of the following chemical class 612 descriptions, or homologues, nitrogen-heterocyclic analogs, 613 isomers (including optical, positional, or geometric), esters, 614 ethers, salts, and salts of homologues, nitrogen-heterocyclic 615 analogs, isomers, esters, or ethers, whenever the existence of 616 such homologues, nitrogen-heterocyclic analogs, isomers, esters, 617 ethers, salts, and salts of isomers, esters, or ethers is 618 possible within the specific chemical class or designation. 619 Since nomenclature of these synthetically produced cannabinoids 620 is not internationally standardized and may continually evolve, 621 these structures or the compounds of these structures shall be 622 included under this subparagraph, regardless of their specific 623 numerical designation of atomic positions covered, if it can be 624 determined through a recognized method of scientific testing or 625 analysis that the substance contains properties that fit within 626 one or more of the following categories: 627 a. Tetrahydrocannabinols. Any tetrahydrocannabinols 628 naturally contained in a plant of the genus Cannabis, the 629 synthetic equivalents of the substances contained in the plant 630 or in the resinous extracts of the genus Cannabis, or synthetic 631 substances, derivatives, and their isomers with similar chemical 632 structure and pharmacological activity, including, but not 633 limited to, Delta 9 tetrahydrocannabinols and their optical 634 isomers, Delta 8 tetrahydrocannabinols and their optical 635 isomers, Delta 6a,10a tetrahydrocannabinols and their optical 636 isomers, or any compound containing a tetrahydrobenzo[c]chromene 637 structure with substitution at either or both the 3-position or 638 9-position, with or without substitution at the 1-position with 639 hydroxyl or alkoxy groups, including, but not limited to: 640 (I) Tetrahydrocannabinol. 641 (II) HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3 642 (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1 643 ol). 644 (III) HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3 645 (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1 646 ol). 647 (IV) JWH-051 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3 648 (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene). 649 (V) JWH-133 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methylpentan 650 2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene). 651 (VI) JWH-057 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methyloctan 652 2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene). 653 (VII) JWH-359 ((6aR,10aR)-1-Methoxy-6,6,9-trimethyl-3-(2,3 654 dimethylpentan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene). 655 (VIII) AM-087 ((6aR,10aR)-3-(2-Methyl-6-bromohex-2-yl) 656 6,6,9-trimethyl-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol). 657 (IX) AM-411 ((6aR,10aR)-3-(1-Adamantyl)-6,6,9-trimethyl 658 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol). 659 (X) Parahexyl. 660 b. Naphthoylindoles, Naphthoylindazoles, 661 Naphthoylcarbazoles, Naphthylmethylindoles, 662 Naphthylmethylindazoles, and Naphthylmethylcarbazoles. Any 663 compound containing a naphthoylindole, naphthoylindazole, 664 naphthoylcarbazole, naphthylmethylindole, 665 naphthylmethylindazole, or naphthylmethylcarbazole structure, 666 with or without substitution on the indole, indazole, or 667 carbazole ring to any extent, whether or not substituted on the 668 naphthyl ring to any extent, including, but not limited to: 669 (I) JWH-007 (1-Pentyl-2-methyl-3-(1-naphthoyl)indole). 670 (II) JWH-011 (1-(1-Methylhexyl)-2-methyl-3-(1 671 naphthoyl)indole). 672 (III) JWH-015 (1-Propyl-2-methyl-3-(1-naphthoyl)indole). 673 (IV) JWH-016 (1-Butyl-2-methyl-3-(1-naphthoyl)indole). 674 (V) JWH-018 (1-Pentyl-3-(1-naphthoyl)indole). 675 (VI) JWH-019 (1-Hexyl-3-(1-naphthoyl)indole). 676 (VII) JWH-020 (1-Heptyl-3-(1-naphthoyl)indole). 677 (VIII) JWH-022 (1-(4-Pentenyl)-3-(1-naphthoyl)indole). 678 (IX) JWH-071 (1-Ethyl-3-(1-naphthoyl)indole). 679 (X) JWH-072 (1-Propyl-3-(1-naphthoyl)indole). 680 (XI) JWH-073 (1-Butyl-3-(1-naphthoyl)indole). 681 (XII) JWH-080 (1-Butyl-3-(4-methoxy-1-naphthoyl)indole). 682 (XIII) JWH-081 (1-Pentyl-3-(4-methoxy-1-naphthoyl)indole). 683 (XIV) JWH-098 (1-Pentyl-2-methyl-3-(4-methoxy-1 684 naphthoyl)indole). 685 (XV) JWH-116 (1-Pentyl-2-ethyl-3-(1-naphthoyl)indole). 686 (XVI) JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole). 687 (XVII) JWH-149 (1-Pentyl-2-methyl-3-(4-methyl-1 688 naphthoyl)indole). 689 (XVIII) JWH-164 (1-Pentyl-3-(7-methoxy-1-naphthoyl)indole). 690 (XIX) JWH-175 (1-Pentyl-3-(1-naphthylmethyl)indole). 691 (XX) JWH-180 (1-Propyl-3-(4-propyl-1-naphthoyl)indole). 692 (XXI) JWH-182 (1-Pentyl-3-(4-propyl-1-naphthoyl)indole). 693 (XXII) JWH-184 (1-Pentyl-3-[(4-methyl)-1 694 naphthylmethyl]indole). 695 (XXIII) JWH-193 (1-[2-(4-Morpholinyl)ethyl]-3-(4-methyl-1 696 naphthoyl)indole). 697 (XXIV) JWH-198 (1-[2-(4-Morpholinyl)ethyl]-3-(4-methoxy-1 698 naphthoyl)indole). 699 (XXV) JWH-200 (1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl) 700 indole). 701 (XXVI) JWH-210 (1-Pentyl-3-(4-ethyl-1-naphthoyl)indole). 702 (XXVII) JWH-387 (1-Pentyl-3-(4-bromo-1-naphthoyl)indole). 703 (XXVIII) JWH-398 (1-Pentyl-3-(4-chloro-1-naphthoyl)indole). 704 (XXVIX) JWH-412 (1-Pentyl-3-(4-fluoro-1-naphthoyl)indole). 705 (XXX) JWH-424 (1-Pentyl-3-(8-bromo-1-naphthoyl)indole). 706 (XXXI) AM-1220 (1-[(1-Methyl-2-piperidinyl)methyl]-3-(1 707 naphthoyl)indole). 708 (XXXII) AM-1235 (1-(5-Fluoropentyl)-6-nitro-3-(1 709 naphthoyl)indole). 710 (XXXIII) AM-2201 (1-(5-Fluoropentyl)-3-(1 711 naphthoyl)indole). 712 (XXXIV) Chloro JWH-018 (1-(Chloropentyl)-3-(1 713 naphthoyl)indole). 714 (XXXV) Bromo JWH-018 (1-(Bromopentyl)-3-(1 715 naphthoyl)indole). 716 (XXXVI) AM-2232 (1-(4-Cyanobutyl)-3-(1-naphthoyl)indole). 717 (XXXVII) THJ-2201 (1-(5-Fluoropentyl)-3-(1 718 naphthoyl)indazole). 719 (XXXVIII) MAM-2201 (1-(5-Fluoropentyl)-3-(4-methyl-1 720 naphthoyl)indole). 721 (XXXIX) EAM-2201 (1-(5-Fluoropentyl)-3-(4-ethyl-1 722 naphthoyl)indole). 723 (XL) EG-018 (9-Pentyl-3-(1-naphthoyl)carbazole). 724 (XLI) EG-2201 (9-(5-Fluoropentyl)-3-(1 725 naphthoyl)carbazole). 726 c. Naphthoylpyrroles. Any compound containing a 727 naphthoylpyrrole structure, with or without substitution on the 728 pyrrole ring to any extent, whether or not substituted on the 729 naphthyl ring to any extent, including, but not limited to: 730 (I) JWH-030 (1-Pentyl-3-(1-naphthoyl)pyrrole). 731 (II) JWH-031 (1-Hexyl—3-(1-naphthoyl)pyrrole). 732 (III) JWH-145 (1-Pentyl-5-phenyl-3-(1-naphthoyl)pyrrole). 733 (IV) JWH-146 (1-Heptyl-5-phenyl-3-(1-naphthoyl)pyrrole). 734 (V) JWH-147 (1-Hexyl-5-phenyl-3-(1-naphthoyl)pyrrole). 735 (VI) JWH-307 (1-Pentyl-5-(2-fluorophenyl)-3-(1 736 naphthoyl)pyrrole). 737 (VII) JWH-309 (1-Pentyl-5-(1-naphthalenyl)-3-(1 738 naphthoyl)pyrrole). 739 (VIII) JWH-368 (1-Pentyl-5-(3-fluorophenyl)-3-(1 740 naphthoyl)pyrrole). 741 (IX) JWH-369 (1-Pentyl-5-(2-chlorophenyl)-3-(1 742 naphthoyl)pyrrole). 743 (X) JWH-370 (1-Pentyl-5-(2-methylphenyl)-3-(1 744 naphthoyl)pyrrole). 745 d. Naphthylmethylenindenes. Any compound containing a 746 naphthylmethylenindene structure, with or without substitution 747 at the 3-position of the indene ring to any extent, whether or 748 not substituted on the naphthyl ring to any extent, including, 749 but not limited to, JWH-176 (3-Pentyl-1 750 (naphthylmethylene)indene). 751 e. Phenylacetylindoles and Phenylacetylindazoles. Any 752 compound containing a phenylacetylindole or phenylacetylindazole 753 structure, with or without substitution on the indole or 754 indazole ring to any extent, whether or not substituted on the 755 phenyl ring to any extent, including, but not limited to: 756 (I) JWH-167 (1-Pentyl-3-(phenylacetyl)indole). 757 (II) JWH-201 (1-Pentyl-3-(4-methoxyphenylacetyl)indole). 758 (III) JWH-203 (1-Pentyl-3-(2-chlorophenylacetyl)indole). 759 (IV) JWH-250 (1-Pentyl-3-(2-methoxyphenylacetyl)indole). 760 (V) JWH-251 (1-Pentyl-3-(2-methylphenylacetyl)indole). 761 (VI) JWH-302 (1-Pentyl-3-(3-methoxyphenylacetyl)indole). 762 (VII) Cannabipiperidiethanone. 763 (VIII) RCS-8 (1-(2-Cyclohexylethyl)-3-(2 764 methoxyphenylacetyl)indole). 765 f. Cyclohexylphenols. Any compound containing a 766 cyclohexylphenol structure, with or without substitution at the 767 5-position of the phenolic ring to any extent, whether or not 768 substituted on the cyclohexyl ring to any extent, including, but 769 not limited to: 770 (I) CP 47,497 (2-(3-Hydroxycyclohexyl)-5-(2-methyloctan-2 771 yl)phenol). 772 (II) Cannabicyclohexanol (CP 47,497 dimethyloctyl (C8) 773 homologue). 774 (III) CP-55,940 (2-(3-Hydroxy-5-propanol-cyclohexyl)-5-(2 775 methyloctan-2-yl)phenol). 776 g. Benzoylindoles and Benzoylindazoles. Any compound 777 containing a benzoylindole or benzoylindazole structure, with or 778 without substitution on the indole or indazole ring to any 779 extent, whether or not substituted on the phenyl ring to any 780 extent, including, but not limited to: 781 (I) AM-679 (1-Pentyl-3-(2-iodobenzoyl)indole). 782 (II) AM-694 (1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole). 783 (III) AM-1241 (1-[(N-Methyl-2-piperidinyl)methyl]-3-(2 784 iodo-5-nitrobenzoyl)indole). 785 (IV) Pravadoline (1-[2-(4-Morpholinyl)ethyl]-2-methyl-3-(4 786 methoxybenzoyl)indole). 787 (V) AM-2233 (1-[(N-Methyl-2-piperidinyl)methyl]-3-(2 788 iodobenzoyl)indole). 789 (VI) RCS-4 (1-Pentyl-3-(4-methoxybenzoyl)indole). 790 (VII) RCS-4 C4 homologue (1-Butyl-3-(4 791 methoxybenzoyl)indole). 792 (VIII) AM-630 (1-[2-(4-Morpholinyl)ethyl]-2-methyl-6-iodo 793 3-(4-methoxybenzoyl)indole). 794 h. Tetramethylcyclopropanoylindoles and 795 Tetramethylcyclopropanoylindazoles. Any compound containing a 796 tetramethylcyclopropanoylindole or 797 tetramethylcyclopropanoylindazole structure, with or without 798 substitution on the indole or indazole ring to any extent, 799 whether or not substituted on the tetramethylcyclopropyl group 800 to any extent, including, but not limited to: 801 (I) UR-144 (1-Pentyl-3-(2,2,3,3 802 tetramethylcyclopropanoyl)indole). 803 (II) XLR11 (1-(5-Fluoropentyl)-3-(2,2,3,3 804 tetramethylcyclopropanoyl)indole). 805 (III) Chloro UR-144 (1-(Chloropentyl)-3-(2,2,3,3 806 tetramethylcyclopropanoyl)indole). 807 (IV) A-796,260 (1-[2-(4-Morpholinyl)ethyl]-3-(2,2,3,3 808 tetramethylcyclopropanoyl)indole). 809 (V) A-834,735 (1-[4-(Tetrahydropyranyl)methyl]-3-(2,2,3,3 810 tetramethylcyclopropanoyl)indole). 811 (VI) M-144 (1-(5-Fluoropentyl)-2-methyl-3-(2,2,3,3 812 tetramethylcyclopropanoyl)indole). 813 (VII) FUB-144 (1-(4-Fluorobenzyl)-3-(2,2,3,3 814 tetramethylcyclopropanoyl)indole). 815 (VIII) FAB-144 (1-(5-Fluoropentyl)-3-(2,2,3,3 816 tetramethylcyclopropanoyl)indazole). 817 (IX) XLR12 (1-(4,4,4-Trifluorobutyl)-3-(2,2,3,3 818 tetramethylcyclopropanoyl)indole). 819 (X) AB-005 (1-[(1-Methyl-2-piperidinyl)methyl]-3-(2,2,3,3 820 tetramethylcyclopropanoyl)indole). 821 i. Adamantoylindoles, Adamantoylindazoles, Adamantylindole 822 carboxamides, and Adamantylindazole carboxamides. Any compound 823 containing an adamantoyl indole, adamantoyl indazole, adamantyl 824 indole carboxamide, or adamantyl indazole carboxamide structure, 825 with or without substitution on the indole or indazole ring to 826 any extent, whether or not substituted on the adamantyl ring to 827 any extent, including, but not limited to: 828 (I) AKB48 (N-Adamant-1-yl 1-pentylindazole-3-carboxamide). 829 (II) Fluoro AKB48 (N-Adamant-1-yl 1-(fluoropentyl)indazole 830 3-carboxamide). 831 (III) STS-135 (N-Adamant-1-yl 1-(5-fluoropentyl)indole-3 832 carboxamide). 833 (IV) AM-1248 (1-(1-Methylpiperidine)methyl-3-(1 834 adamantoyl)indole). 835 (V) AB-001 (1-Pentyl-3-(1-adamantoyl)indole). 836 (VI) APICA (N-Adamant-1-yl 1-pentylindole-3-carboxamide). 837 (VII) Fluoro AB-001 (1-(Fluoropentyl)-3-(1 838 adamantoyl)indole). 839 j. Quinolinylindolecarboxylates, 840 Quinolinylindazolecarboxylates, Quinolinylindolecarboxamides, 841 and Quinolinylindazolecarboxamides. Any compound containing a 842 quinolinylindole carboxylate, quinolinylindazole carboxylate, 843 isoquinolinylindole carboxylate, isoquinolinylindazole 844 carboxylate, quinolinylindole carboxamide, quinolinylindazole 845 carboxamide, isoquinolinylindole carboxamide, or 846 isoquinolinylindazole carboxamide structure, with or without 847 substitution on the indole or indazole ring to any extent, 848 whether or not substituted on the quinoline or isoquinoline ring 849 to any extent, including, but not limited to: 850 (I) PB-22 (8-Quinolinyl 1-pentylindole-3-carboxylate). 851 (II) Fluoro PB-22 (8-Quinolinyl 1-(fluoropentyl)indole-3 852 carboxylate). 853 (III) BB-22 (8-Quinolinyl 1-(cyclohexylmethyl)indole-3 854 carboxylate). 855 (IV) FUB-PB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indole-3 856 carboxylate). 857 (V) NPB-22 (8-Quinolinyl 1-pentylindazole-3-carboxylate). 858 (VI) Fluoro NPB-22 (8-Quinolinyl 1-(fluoropentyl)indazole 859 3-carboxylate). 860 (VII) FUB-NPB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indazole 861 3-carboxylate). 862 (VIII) THJ (8-Quinolinyl 1-pentylindazole-3-carboxamide). 863 (IX) Fluoro THJ (8-Quinolinyl 1-(fluoropentyl)indazole-3 864 carboxamide). 865 k. Naphthylindolecarboxylates and 866 Naphthylindazolecarboxylates. Any compound containing a 867 naphthylindole carboxylate or naphthylindazole carboxylate 868 structure, with or without substitution on the indole or 869 indazole ring to any extent, whether or not substituted on the 870 naphthyl ring to any extent, including, but not limited to: 871 (I) NM-2201 (1-Naphthalenyl 1-(5-fluoropentyl)indole-3 872 carboxylate). 873 (II) SDB-005 (1-Naphthalenyl 1-pentylindazole-3 874 carboxylate). 875 (III) Fluoro SDB-005 (1-Naphthalenyl 1 876 (fluoropentyl)indazole-3-carboxylate). 877 (IV) FDU-PB-22 (1-Naphthalenyl 1-(4-fluorobenzyl)indole-3 878 carboxylate). 879 (V) 3-CAF (2-Naphthalenyl 1-(2-fluorophenyl)indazole-3 880 carboxylate). 881 l. Naphthylindole carboxamides and Naphthylindazole 882 carboxamides. Any compound containing a naphthylindole 883 carboxamide or naphthylindazole carboxamide structure, with or 884 without substitution on the indole or indazole ring to any 885 extent, whether or not substituted on the naphthyl ring to any 886 extent, including, but not limited to: 887 (I) NNEI (N-Naphthalen-1-yl 1-pentylindole-3-carboxamide). 888 (II) Fluoro-NNEI (N-Naphthalen-1-yl 1-(fluoropentyl)indole 889 3-carboxamide). 890 (III) Chloro-NNEI (N-Naphthalen-1-yl 1-(chloropentyl) 891 indole-3-carboxamide). 892 (IV) MN-18 (N-Naphthalen-1-yl 1-pentylindazole-3 893 carboxamide). 894 (V) Fluoro MN-18 (N-Naphthalen-1-yl 1 895 (fluoropentyl)indazole-3-carboxamide). 896 m. Alkylcarbonyl indole carboxamides, Alkylcarbonyl 897 indazole carboxamides, Alkylcarbonyl indole carboxylates, and 898 Alkylcarbonyl indazole carboxylates. Any compound containing an 899 alkylcarbonyl group, including 1-amino-3-methyl-1-oxobutan-2-yl, 900 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-amino-1-oxo-3 901 phenylpropan-2-yl, 1-methoxy-1-oxo-3-phenylpropan-2-yl, with an 902 indole carboxamide, indazole carboxamide, indole carboxylate, or 903 indazole carboxylate, with or without substitution on the indole 904 or indazole ring to any extent, whether or not substituted on 905 the alkylcarbonyl group to any extent, including, but not 906 limited to: 907 (I) ADBICA, (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1 908 pentylindole-3-carboxamide). 909 (II) Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2 910 yl)-1-(fluoropentyl)indole-3-carboxamide). 911 (III) Fluoro ABICA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1 912 (fluoropentyl)indole-3-carboxamide). 913 (IV) AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1 914 pentylindazole-3-carboxamide). 915 (V) Fluoro AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl) 916 1-(fluoropentyl)indazole-3-carboxamide). 917 (VI) ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl) 918 1-pentylindazole-3-carboxamide). 919 (VII) Fluoro ADB-PINACA (N-(1-Amino-3,3-dimethyl-1 920 oxobutan-2-yl)-1-(fluoropentyl)indazole-3-carboxamide). 921 (VIII) AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1 922 (4-fluorobenzyl)indazole-3-carboxamide). 923 (IX) ADB-FUBINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2 924 yl)-1-(4-fluorobenzyl)indazole-3-carboxamide). 925 (X) AB-CHMINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1 926 (cyclohexylmethyl)indazole-3-carboxamide). 927 (XI) MA-CHMINACA (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1 928 (cyclohexylmethyl)indazole-3-carboxamide). 929 (XII) MAB-CHMINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2 930 yl)-1-(cyclohexylmethyl)indazole-3-carboxamide). 931 (XIII) AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1 932 pentylindazole-3-carboxamide). 933 (XIV) Fluoro AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1 934 (fluoropentyl)indazole-3-carboxamide). 935 (XV) FUB-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1-(4 936 fluorobenzyl)indazole-3-carboxamide). 937 (XVI) MDMB-CHMINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan 938 2-yl)-1-(cyclohexylmethyl)indazole-3-carboxamide). 939 (XVII) MDMB-FUBINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan 940 2-yl)-1-(4-fluorobenzyl)indazole-3-carboxamide). 941 (XVIII) MDMB-CHMICA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan 942 2-yl)-1-(cyclohexylmethyl)indole-3-carboxamide). 943 (XIX) PX-1 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(5 944 fluoropentyl)indole-3-carboxamide). 945 (XX) PX-2 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(5 946 fluoropentyl)indazole-3-carboxamide). 947 (XXI) PX-3 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1 948 (cyclohexylmethyl)indazole-3-carboxamide). 949 (XXII) PX-4 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(4 950 fluorobenzyl)indazole-3-carboxamide). 951 (XXIII) MO-CHMINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan 952 2-yl)-1-(cyclohexylmethyl)indazole-3-carboxylate). 953 n. Cumylindolecarboxamides and Cumylindazolecarboxamides. 954 Any compound containing a N-(2-phenylpropan-2-yl) indole 955 carboxamide or N-(2-phenylpropan-2-yl) indazole carboxamide 956 structure, with or without substitution on the indole or 957 indazole ring to any extent, whether or not substituted on the 958 phenyl ring of the cumyl group to any extent, including, but not 959 limited to: 960 (I) CUMYL-PICA (N-(2-Phenylpropan-2-yl)-1-pentylindole-3 961 carboxamide). 962 (II) Fluoro CUMYL-PICA (N-(2-Phenylpropan-2-yl)-1 963 (fluoropentyl)indole-3-carboxamide). 964 o. Other Synthetic Cannabinoids. Any material, compound, 965 mixture, or preparation that contains any quantity of a 966 Synthetic Cannabinoid, as described in sub-subparagraphs a.-n.: 967 (I) With or without modification or replacement of a 968 carbonyl, carboxamide, alkylene, alkyl, or carboxylate linkage 969 between either two core rings, or linkage between a core ring 970 and group structure, with or without the addition of a carbon or 971 replacement of a carbon; 972 (II) With or without replacement of a core ring or group 973 structure, whether or not substituted on the ring or group 974 structures to any extent; and 975 (III) Is a cannabinoid receptor agonist, unless 976 specifically excepted or unless listed in another schedule or 977 contained within a pharmaceutical product approved by the United 978 States Food and Drug Administration. 979 191. Substituted Cathinones. Unless specifically excepted, 980 listed in another schedule, or contained within a pharmaceutical 981 product approved by the United States Food and Drug 982 Administration, any material, compound, mixture, or preparation, 983 including its salts, isomers, esters, or ethers, and salts of 984 isomers, esters, or ethers, whenever the existence of such salts 985 is possible within any of the following specific chemical 986 designations: 987 a. Any compound containing a 2-amino-1-phenyl-1 propanone 988 structure; 989 b. Any compound containing a 2-amino-1-naphthyl-1-propanone 990 structure; or 991 c. Any compound containing a 2-amino-1-thiophene-1 992 propanone structure, 993 994 whether or not the compound is further modified: 995 (I) With or without substitution on the ring system to any 996 extent with alkyl, alkylthio, thio, fused alkylenedioxy, alkoxy, 997 haloalkyl, hydroxyl, nitro, fused furan, fused benzofuran, fused 998 dihydrofuran, fused tetrahydropyran, fused alkyl ring, or halide 999 substituents; 1000 (II) With or without substitution at the 3-propanone 1001 position with an alkyl substituent or removal of the methyl 1002 group at the 3-propanone position; 1003 (III) With or without substitution at the 2-amino nitrogen 1004 atom with alkyl, dialkyl, acetyl, or benzyl groups, whether or 1005 not further substituted in the ring system; or 1006 (IV) With or without inclusion of the 2-amino nitrogen atom 1007 in a cyclic structure, including, but not limited to: 1008 (A) Methcathinone. 1009 (B) Ethcathinone. 1010 (C) Methylone (3,4-Methylenedioxymethcathinone). 1011 (D) 2,3-Methylenedioxymethcathinone. 1012 (E) MDPV (3,4-Methylenedioxypyrovalerone). 1013 (F) Methylmethcathinone. 1014 (G) Methoxymethcathinone. 1015 (H) Fluoromethcathinone. 1016 (I) Methylethcathinone. 1017 (J) Butylone (3,4-Methylenedioxy-alpha 1018 methylaminobutyrophenone). 1019 (K) Ethylone (3,4-Methylenedioxy-N-ethylcathinone). 1020 (L) BMDP (3,4-Methylenedioxy-N-benzylcathinone). 1021 (M) Naphyrone (Naphthylpyrovalerone). 1022 (N) Bromomethcathinone. 1023 (O) Buphedrone (alpha-Methylaminobutyrophenone). 1024 (P) Eutylone (3,4-Methylenedioxy-alpha 1025 ethylaminobutyrophenone). 1026 (Q) Dimethylcathinone. 1027 (R) Dimethylmethcathinone. 1028 (S) Pentylone (3,4-Methylenedioxy-alpha 1029 methylaminovalerophenone). 1030 (T) Pentedrone (alpha-Methylaminovalerophenone). 1031 (U) MDPPP (3,4-Methylenedioxy-alpha 1032 pyrrolidinopropiophenone). 1033 (V) MDPBP (3,4-Methylenedioxy-alpha 1034 pyrrolidinobutyrophenone). 1035 (W) MPPP (Methyl-alpha-pyrrolidinopropiophenone). 1036 (X) PPP (Pyrrolidinopropiophenone). 1037 (Y) PVP (Pyrrolidinovalerophenone) or 1038 (Pyrrolidinopentiophenone). 1039 (Z) MOPPP (Methoxy-alpha-pyrrolidinopropiophenone). 1040 (AA) MPHP (Methyl-alpha-pyrrolidinohexanophenone). 1041 (BB) F-MABP (Fluoromethylaminobutyrophenone). 1042 (CC) Me-EABP (Methylethylaminobutyrophenone). 1043 (DD) PBP (Pyrrolidinobutyrophenone). 1044 (EE) MeO-PBP (Methoxypyrrolidinobutyrophenone). 1045 (FF) Et-PBP (Ethylpyrrolidinobutyrophenone). 1046 (GG) 3-Me-4-MeO-MCAT (3-Methyl-4-Methoxymethcathinone). 1047 (HH) Dimethylone (3,4-Methylenedioxy-N,N 1048 dimethylcathinone). 1049 (II) 3,4-Methylenedioxy-N,N-diethylcathinone. 1050 (JJ) 3,4-Methylenedioxy-N-acetylcathinone. 1051 (KK) 3,4-Methylenedioxy-N-acetylmethcathinone. 1052 (LL) 3,4-Methylenedioxy-N-acetylethcathinone. 1053 (MM) Methylbuphedrone (Methyl-alpha 1054 methylaminobutyrophenone). 1055 (NN) Methyl-alpha-methylaminohexanophenone. 1056 (OO) N-Ethyl-N-methylcathinone. 1057 (PP) PHP (Pyrrolidinohexanophenone). 1058 (QQ) PV8 (Pyrrolidinoheptanophenone). 1059 (RR) Chloromethcathinone. 1060 (SS) 4-Bromo-2,5-dimethoxy-alpha-aminoacetophenone. 1061 192. Substituted Phenethylamines. Unless specifically 1062 excepted or unless listed in another schedule, or contained 1063 within a pharmaceutical product approved by the United States 1064 Food and Drug Administration, any material, compound, mixture, 1065 or preparation, including its salts, isomers, esters, or ethers, 1066 and salts of isomers, esters, or ethers, whenever the existence 1067 of such salts is possible within any of the following specific 1068 chemical designations, any compound containing a phenethylamine 1069 structure, without a beta-keto group, and without a benzyl group 1070 attached to the amine group, whether or not the compound is 1071 further modified with or without substitution on the phenyl ring 1072 to any extent with alkyl, alkylthio, nitro, alkoxy, thio, 1073 halide, fused alkylenedioxy, fused furan, fused benzofuran, 1074 fused dihydrofuran, or fused tetrahydropyran substituents, 1075 whether or not further substituted on a ring to any extent, with 1076 or without substitution at the alpha or beta position by any 1077 alkyl substituent, with or without substitution at the nitrogen 1078 atom, and with or without inclusion of the 2-amino nitrogen atom 1079 in a cyclic structure, including, but not limited to: 1080 a. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine). 1081 b. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine). 1082 c. 2C-T-4 (4-Isopropylthio-2,5-dimethoxyphenethylamine). 1083 d. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine). 1084 e. 2C-T (4-Methylthio-2,5-dimethoxyphenethylamine). 1085 f. 2C-T-2 (4-Ethylthio-2,5-dimethoxyphenethylamine). 1086 g. 2C-T-7 (4-(n)-Propylthio-2,5-dimethoxyphenethylamine). 1087 h. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine). 1088 i. 2C-D (4-Methyl-2,5-dimethoxyphenethylamine). 1089 j. 2C-H (2,5-Dimethoxyphenethylamine). 1090 k. 2C-N (4-Nitro-2,5-dimethoxyphenethylamine). 1091 l. 2C-P (4-(n)-Propyl-2,5-dimethoxyphenethylamine). 1092 m. MDMA (3,4-Methylenedioxymethamphetamine). 1093 n. MBDB (Methylbenzodioxolylbutanamine) or (3,4 1094 Methylenedioxy-N-methylbutanamine). 1095 o. MDA (3,4-Methylenedioxyamphetamine). 1096 p. 2,5-Dimethoxyamphetamine. 1097 q. Fluoroamphetamine. 1098 r. Fluoromethamphetamine. 1099 s. MDEA (3,4-Methylenedioxy-N-ethylamphetamine). 1100 t. DOB (4-Bromo-2,5-dimethoxyamphetamine). 1101 u. DOC (4-Chloro-2,5-dimethoxyamphetamine). 1102 v. DOET (4-Ethyl-2,5-dimethoxyamphetamine). 1103 w. DOI (4-Iodo-2,5-dimethoxyamphetamine). 1104 x. DOM (4-Methyl-2,5-dimethoxyamphetamine). 1105 y. PMA (4-Methoxyamphetamine). 1106 z. N-Ethylamphetamine. 1107 aa. N-Hydroxy-3,4-methylenedioxyamphetamine. 1108 bb. 5-Methoxy-3,4-methylenedioxyamphetamine. 1109 cc. PMMA (4-Methoxymethamphetamine). 1110 dd. N,N-Dimethylamphetamine. 1111 ee. 3,4,5-Trimethoxyamphetamine. 1112 ff. 4-APB (4-(2-Aminopropyl)benzofuran). 1113 gg. 5-APB (5-(2-Aminopropyl)benzofuran). 1114 hh. 6-APB (6-(2-Aminopropyl)benzofuran). 1115 ii. 7-APB (7-(2-Aminopropyl)benzofuran). 1116 jj. 4-APDB (4-(2-Aminopropyl)-2,3-dihydrobenzofuran). 1117 kk. 5-APDB (5-(2-Aminopropyl)-2,3-dihydrobenzofuran). 1118 ll. 6-APDB (6-(2-Aminopropyl)-2,3-dihydrobenzofuran). 1119 mm. 7-APDB (7-(2-Aminopropyl)-2,3-dihydrobenzofuran). 1120 nn. 4-MAPB (4-(2-Methylaminopropyl)benzofuran). 1121 oo. 5-MAPB (5-(2-Methylaminopropyl)benzofuran). 1122 pp. 6-MAPB (6-(2-Methylaminopropyl)benzofuran). 1123 qq. 7-MAPB (7-(2-Methylaminopropyl)benzofuran). 1124 rr. 5-EAPB (5-(2-Ethylaminopropyl)benzofuran). 1125 ss. 5-MAPDB (5-(2-Methylaminopropyl)-2,3 1126 dihydrobenzofuran), 1127 1128 which does not include phenethylamine, mescaline as described in 1129 subparagraph 20., substituted cathinones as described in 1130 subparagraph 191., N-Benzyl phenethylamine compounds as 1131 described in subparagraph 193., or methamphetamine as described 1132 in subparagraph (2)(c)4. 1133 193. N-Benzyl Phenethylamine Compounds. Unless specifically 1134 excepted or unless listed in another schedule, or contained 1135 within a pharmaceutical product approved by the United States 1136 Food and Drug Administration, any material, compound, mixture, 1137 or preparation, including its salts, isomers, esters, or ethers, 1138 and salts of isomers, esters, or ethers, whenever the existence 1139 of such salts is possible within any of the following specific 1140 chemical designations, any compound containing a phenethylamine 1141 structure without a beta-keto group, with substitution on the 1142 nitrogen atom of the amino group with a benzyl substituent, with 1143 or without substitution on the phenyl or benzyl ring to any 1144 extent with alkyl, alkoxy, thio, alkylthio, halide, fused 1145 alkylenedioxy, fused furan, fused benzofuran, or fused 1146 tetrahydropyran substituents, whether or not further substituted 1147 on a ring to any extent, with or without substitution at the 1148 alpha position by any alkyl substituent, including, but not 1149 limited to: 1150 a. 25B-NBOMe (4-Bromo-2,5-dimethoxy-[N-(2 1151 methoxybenzyl)]phenethylamine). 1152 b. 25B-NBOH (4-Bromo-2,5-dimethoxy-[N-(2 1153 hydroxybenzyl)]phenethylamine). 1154 c. 25B-NBF (4-Bromo-2,5-dimethoxy-[N-(2 1155 fluorobenzyl)]phenethylamine). 1156 d. 25B-NBMD (4-Bromo-2,5-dimethoxy-[N-(2,3 1157 methylenedioxybenzyl)]phenethylamine). 1158 e. 25I-NBOMe (4-Iodo-2,5-dimethoxy-[N-(2 1159 methoxybenzyl)]phenethylamine). 1160 f. 25I-NBOH (4-Iodo-2,5-dimethoxy-[N-(2 1161 hydroxybenzyl)]phenethylamine). 1162 g. 25I-NBF (4-Iodo-2,5-dimethoxy-[N-(2 1163 fluorobenzyl)]phenethylamine). 1164 h. 25I-NBMD (4-Iodo-2,5-dimethoxy-[N-(2,3 1165 methylenedioxybenzyl)]phenethylamine). 1166 i. 25T2-NBOMe (4-Methylthio-2,5-dimethoxy-[N-(2 1167 methoxybenzyl)]phenethylanamine). 1168 j. 25T4-NBOMe (4-Isopropylthio-2,5-dimethoxy-[N-(2 1169 methoxybenzyl)]phenethylanamine). 1170 k. 25T7-NBOMe (4-(n)-Propylthio-2,5-dimethoxy-[N-(2 1171 methoxybenzyl)]phenethylanamine). 1172 l. 25C-NBOMe (4-Chloro-2,5-dimethoxy-[N-(2 1173 methoxybenzyl)]phenethylamine). 1174 m. 25C-NBOH (4-Chloro-2,5-dimethoxy-[N-(2 1175 hydroxybenzyl)]phenethylamine). 1176 n. 25C-NBF (4-Chloro-2,5-dimethoxy-[N-(2 1177 fluorobenzyl)]phenethylamine). 1178 o. 25C-NBMD (4-Chloro-2,5-dimethoxy-[N-(2,3 1179 methylenedioxybenzyl)]phenethylamine). 1180 p. 25H-NBOMe (2,5-Dimethoxy-[N-(2 1181 methoxybenzyl)]phenethylamine). 1182 q. 25H-NBOH (2,5-Dimethoxy-[N-(2 1183 hydroxybenzyl)]phenethylamine). 1184 r. 25H-NBF (2,5-Dimethoxy-[N-(2 1185 fluorobenzyl)]phenethylamine). 1186 s. 25D-NBOMe (4-Methyl-2,5-dimethoxy-[N-(2 1187 methoxybenzyl)]phenethylamine), 1188 1189 which does not include substituted cathinones as described in 1190 subparagraph 191. 1191 194. Substituted Tryptamines. Unless specifically excepted 1192 or unless listed in another schedule, or contained within a 1193 pharmaceutical product approved by the United States Food and 1194 Drug Administration, any material, compound, mixture, or 1195 preparation containing a 2-(1H-indol-3-yl)ethanamine, for 1196 example tryptamine, structure with or without mono- or di 1197 substitution of the amine nitrogen with alkyl or alkenyl groups, 1198 or by inclusion of the amino nitrogen atom in a cyclic 1199 structure, whether or not substituted at the alpha position with 1200 an alkyl group, whether or not substituted on the indole ring to 1201 any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy 1202 groups, including, but not limited to: 1203 a. Alpha-Ethyltryptamine. 1204 b. Bufotenine. 1205 c. DET (Diethyltryptamine). 1206 d. DMT (Dimethyltryptamine). 1207 e. MET (N-Methyl-N-ethyltryptamine). 1208 f. DALT (N,N-Diallyltryptamine). 1209 g. EiPT (N-Ethyl-N-isopropyltryptamine). 1210 h. MiPT (N-Methyl-N-isopropyltryptamine). 1211 i. 5-Hydroxy-AMT (5-Hydroxy-alpha-methyltryptamine). 1212 j. 5-Hydroxy-N-methyltryptamine. 1213 k. 5-MeO-MiPT (5-Methoxy-N-methyl-N-isopropyltryptamine). 1214 l. 5-MeO-AMT (5-Methoxy-alpha-methyltryptamine). 1215 m. Methyltryptamine. 1216 n. 5-MeO-DMT (5-Methoxy-N,N-dimethyltryptamine). 1217 o. 5-Me-DMT (5-Methyl-N,N-dimethyltryptamine). 1218 p. 5-MeO-DiPT (5-Methoxy-N,N-Diisopropyltryptamine). 1219 q. DiPT (N,N-Diisopropyltryptamine). 1220 r. DPT (N,N-Dipropyltryptamine). 1221 s. 4-Hydroxy-DiPT (4-Hydroxy-N,N-diisopropyltryptamine). 1222 t. 5-MeO-DALT (5-Methoxy-N,N-Diallyltryptamine). 1223 u. 4-AcO-DMT (4-Acetoxy-N,N-dimethyltryptamine). 1224 v. 4-AcO-DiPT (4-Acetoxy-N,N-diisopropyltryptamine). 1225 w. 4-Hydroxy-DET (4-Hydroxy-N,N-diethyltryptamine). 1226 x. 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-ethyltryptamine). 1227 y. 4-Hydroxy-MiPT (4-Hydroxy-N-methyl-N 1228 isopropyltryptamine). 1229 z. Methyl-alpha-ethyltryptamine. 1230 aa. Bromo-DALT (Bromo-N,N-diallyltryptamine), 1231 1232 which does not include tryptamine, psilocybin as described in 1233 subparagraph 33, or psilocyn as described in subparagraph 34. 1234 195. Substituted Phenylcyclohexylamines. Unless 1235 specifically excepted or unless listed in another schedule, or 1236 contained within a pharmaceutical product approved by the United 1237 States Food and Drug Administration, any material, compound, 1238 mixture, or preparation containing a phenylcyclohexylamine 1239 structure, with or without any substitution on the phenyl ring, 1240 any substitution on the cyclohexyl ring, any replacement of the 1241 phenyl ring with a thiophenyl or benzothiophenyl ring, with or 1242 without substitution on the amine with alkyl, dialkyl, or alkoxy 1243 substitutients, inclusion of the nitrogen in a cyclic structure, 1244 or any combination of the above, including, but not limited to: 1245 a. BTCP (Benzothiophenylcyclohexylpiperidine) or BCP 1246 (Benocyclidine). 1247 b. PCE (N-Ethyl-1-phenylcyclohexylamine)(Ethylamine analog 1248 of phencyclidine). 1249 c. PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine)(Pyrrolidine 1250 analog of phencyclidine). 1251 d. PCPr (Phenylcyclohexylpropylamine). 1252 e. TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperidine)(Thiophene 1253 analog of phencyclidine). 1254 f. PCEEA (Phenylcyclohexyl(ethoxyethylamine)). 1255 g. PCMPA (Phenylcyclohexyl(methoxypropylamine)). 1256 h. Methoxetamine. 1257 i. 3-Methoxy-PCE ((3-Methoxyphenyl)cyclohexylethylamine). 1258 j. Bromo-PCP ((Bromophenyl)cyclohexylpiperidine). 1259 k. Chloro-PCP ((Chlorophenyl)cyclohexylpiperidine). 1260 l. Fluoro-PCP ((Fluorophenyl)cyclohexylpiperidine). 1261 m. Hydroxy-PCP ((Hydroxyphenyl)cyclohexylpiperidine). 1262 n. Methoxy-PCP ((Methoxyphenyl)cyclohexylpiperidine). 1263 o. Methyl-PCP ((Methylphenyl)cyclohexylpiperidine). 1264 p. Nitro-PCP ((Nitrophenyl)cyclohexylpiperidine). 1265 q. Oxo-PCP ((Oxophenyl)cyclohexylpiperidine). 1266 r. Amino-PCP ((Aminophenyl)cyclohexylpiperidine). 1267 (d) Unless specifically excepted or unless listed in 1268 another schedule, any material, compound, mixture, or 1269 preparation thatwhichcontains any quantity of the following 1270 substances, including any of its salts, isomers, optical 1271 isomers, salts of their isomers, and salts of these optical 1272 isomers whenever the existence of such isomers and salts is 1273 possible within the specific chemical designation: 1274 1. 1,4-Butanediol. 1275 2. Gamma-butyrolactone (GBL). 1276 3. Gamma-hydroxybutyric acid (GHB). 1277 4. Methaqualone. 1278 5. Mecloqualone. 1279 (2) SCHEDULE II.—A substance in Schedule II has a high 1280 potential for abuse and has a currently accepted but severely 1281 restricted medical use in treatment in the United States, and 1282 abuse of the substance may lead to severe psychological or 1283 physical dependence. The following substances are controlled in 1284 Schedule II: 1285 (a) Unless specifically excepted or unless listed in 1286 another schedule, any of the following substances, whether 1287 produced directly or indirectly by extraction from substances of 1288 vegetable origin or independently by means of chemical 1289 synthesis: 1290 1. Opium and any salt, compound, derivative, or preparation 1291 of opium, except nalmefene or isoquinoline alkaloids of opium, 1292 including, but not limited to the following: 1293 a. Raw opium. 1294 b. Opium extracts. 1295 c. Opium fluid extracts. 1296 d. Powdered opium. 1297 e. Granulated opium. 1298 f. Tincture of opium. 1299 g. Codeine. 1300 h. Ethylmorphine. 1301 i. Etorphine hydrochloride. 1302 j. Hydrocodone. 1303 k. Hydromorphone. 1304 l. Levo-alphacetylmethadol (also known as levo-alpha 1305 acetylmethadol, levomethadyl acetate, or LAAM). 1306 m. Metopon (methyldihydromorphinone). 1307 n. Morphine. 1308 o. Oxycodone. 1309 p. Oxymorphone. 1310 q. Thebaine. 1311 2. Any salt, compound, derivative, or preparation of a 1312 substance which is chemically equivalent to or identical with 1313 any of the substances referred to in subparagraph 1., except 1314 that these substances shall not include the isoquinoline 1315 alkaloids of opium. 1316 3. Any part of the plant of the species Papaver somniferum, 1317 L. 1318 4. Cocaine or ecgonine, including any of their 1319 stereoisomers, and any salt, compound, derivative, or 1320 preparation of cocaine or ecgonine. 1321 (b) Unless specifically excepted or unless listed in 1322 another schedule, any of the following substances, including 1323 their isomers, esters, ethers, salts, and salts of isomers, 1324 esters, and ethers, whenever the existence of such isomers, 1325 esters, ethers, and salts is possible within the specific 1326 chemical designation: 1327 1. Alfentanil. 1328 2. Alphaprodine. 1329 3. Anileridine. 1330 4. Bezitramide. 1331 5. Bulk propoxyphene (nondosage forms). 1332 6. Carfentanil. 1333 7. Dihydrocodeine. 1334 8. Diphenoxylate. 1335 9. Fentanyl. 1336 10. Isomethadone. 1337 11. Levomethorphan. 1338 12. Levorphanol. 1339 13. Metazocine. 1340 14. Methadone. 1341 15. Methadone-Intermediate,4-cyano-2- 1342 dimethylamino-4,4-diphenylbutane. 1343 16. Moramide-Intermediate,2-methyl- 1344 3-morpholoino-1,1-diphenylpropane-carboxylic acid. 1345 17. Nabilone. 1346 18. Pethidine (meperidine). 1347 19. Pethidine-Intermediate-A,4-cyano-1- 1348 methyl-4-phenylpiperidine. 1349 20. Pethidine-Intermediate-B,ethyl-4- 1350 phenylpiperidine-4-carboxylate. 1351 21. Pethidine-Intermediate-C,1-methyl-4- phenylpiperidine 1352 4-carboxylic acid. 1353 22. Phenazocine. 1354 23. Phencyclidine. 1355 24. 1-Phenylcyclohexylamine. 1356 25. Piminodine. 1357 26. 1-Piperidinocyclohexanecarbonitrile. 1358 27. Racemethorphan. 1359 28. Racemorphan. 1360 29. Sufentanil. 1361 (c) Unless specifically excepted or unless listed in 1362 another schedule, any material, compound, mixture, or 1363 preparation which contains any quantity of the following 1364 substances, including their salts, isomers, optical isomers, 1365 salts of their isomers, and salts of their optical isomers: 1366 1. Amobarbital. 1367 2. Amphetamine. 1368 3. Glutethimide. 1369 4. Methamphetamine. 1370 5. Methylphenidate. 1371 6. Pentobarbital. 1372 7. Phenmetrazine. 1373 8. Phenylacetone. 1374 9. Secobarbital. 1375 (3) SCHEDULE III.—A substance in Schedule III has a 1376 potential for abuse less than the substances contained in 1377 Schedules I and II and has a currently accepted medical use in 1378 treatment in the United States, and abuse of the substance may 1379 lead to moderate or low physical dependence or high 1380 psychological dependence or, in the case of anabolic steroids, 1381 may lead to physical damage. The following substances are 1382 controlled in Schedule III: 1383 (a) Unless specifically excepted or unless listed in 1384 another schedule, any material, compound, mixture, or 1385 preparation which contains any quantity of the following 1386 substances having a depressant or stimulant effect on the 1387 nervous system: 1388 1. Any substance which contains any quantity of a 1389 derivative of barbituric acid, including thiobarbituric acid, or 1390 any salt of a derivative of barbituric acid or thiobarbituric 1391 acid, including, but not limited to, butabarbital and 1392 butalbital. 1393 2. Benzphetamine. 1394 3. Chlorhexadol. 1395 4. Chlorphentermine. 1396 5. Clortermine. 1397 6. Lysergic acid. 1398 7. Lysergic acid amide. 1399 8. Methyprylon. 1400 9. Phendimetrazine. 1401 10. Sulfondiethylmethane. 1402 11. Sulfonethylmethane. 1403 12. Sulfonmethane. 1404 13. Tiletamine and zolazepam or any salt thereof. 1405 (b) Nalorphine. 1406 (c) Unless specifically excepted or unless listed in 1407 another schedule, any material, compound, mixture, or 1408 preparation containing limited quantities of any of the 1409 following controlled substances or any salts thereof: 1410 1. Not more than 1.8 grams of codeine per 100 milliliters 1411 or not more than 90 milligrams per dosage unit, with an equal or 1412 greater quantity of an isoquinoline alkaloid of opium. 1413 2. Not more than 1.8 grams of codeine per 100 milliliters 1414 or not more than 90 milligrams per dosage unit, with recognized 1415 therapeutic amounts of one or more active ingredients which are 1416 not controlled substances. 1417 3. Not more than 300 milligrams of hydrocodone per 100 1418 milliliters or not more than 15 milligrams per dosage unit, with 1419 a fourfold or greater quantity of an isoquinoline alkaloid of 1420 opium. 1421 4. Not more than 300 milligrams of hydrocodone per 100 1422 milliliters or not more than 15 milligrams per dosage unit, with 1423 recognized therapeutic amounts of one or more active ingredients 1424 that are not controlled substances. 1425 5. Not more than 1.8 grams of dihydrocodeine per 100 1426 milliliters or not more than 90 milligrams per dosage unit, with 1427 recognized therapeutic amounts of one or more active ingredients 1428 which are not controlled substances. 1429 6. Not more than 300 milligrams of ethylmorphine per 100 1430 milliliters or not more than 15 milligrams per dosage unit, with 1431 one or more active, nonnarcotic ingredients in recognized 1432 therapeutic amounts. 1433 7. Not more than 50 milligrams of morphine per 100 1434 milliliters or per 100 grams, with recognized therapeutic 1435 amounts of one or more active ingredients which are not 1436 controlled substances. 1437 1438 For purposes of charging a person with a violation of s. 893.135 1439 involving any controlled substance described in subparagraph 3. 1440 or subparagraph 4., the controlled substance is a Schedule III 1441 controlled substance pursuant to this paragraph but the weight 1442 of the controlled substance per milliliters or per dosage unit 1443 is not relevant to the charging of a violation of s. 893.135. 1444 The weight of the controlled substance shall be determined 1445 pursuant to s. 893.135(6). 1446 (d) Anabolic steroids. 1447 1. The term “anabolic steroid” means any drug or hormonal 1448 substance, chemically and pharmacologically related to 1449 testosterone, other than estrogens, progestins, and 1450 corticosteroids, that promotes muscle growth and includes: 1451 a. Androsterone. 1452 b. Androsterone acetate. 1453 c. Boldenone. 1454 d. Boldenone acetate. 1455 e. Boldenone benzoate. 1456 f. Boldenone undecylenate. 1457 g. Chlorotestosterone (Clostebol)(4-chlortestosterone). 1458h. Clostebol.1459 h.i.Dehydrochlormethyltestosterone. 1460 i.j.Dihydrotestosterone (Stanolone)(41461dihydrotestosterone). 1462 j.k.Drostanolone. 1463 k.l.Ethylestrenol. 1464 l.m.Fluoxymesterone. 1465 m.n.Formebulone (Formebolone). 1466 n.o.Mesterolone. 1467 o.p.Methandrostenolone (Methandienone). 1468 p.q.Methandranone. 1469 q.r.Methandriol. 1470s. Methandrostenolone.1471 r.t.Methenolone. 1472 s.u.Methyltestosterone. 1473 t.v.Mibolerone. 1474 u.w.Nortestosterone (Nandrolone). 1475 v.x.Norethandrolone. 1476y.Nortestosterone.1477 w.z.Nortestosterone decanoate. 1478 x.aa.Nortestosterone phenylpropionate. 1479 y.bb.Nortestosterone propionate. 1480 z.cc.Oxandrolone. 1481 aa.dd.Oxymesterone. 1482 bb.ee.Oxymetholone. 1483ff. Stanolone.1484 cc.gg.Stanozolol. 1485 dd.hh.Testolactone. 1486 ee.ii.Testosterone. 1487 ff.jj.Testosterone acetate. 1488 gg.kk.Testosterone benzoate. 1489 hh.ll.Testosterone cypionate. 1490 ii.mm.Testosterone decanoate. 1491 jj.nn.Testosterone enanthate. 1492 kk.oo.Testosterone isocaproate. 1493 ll.pp.Testosterone oleate. 1494 mm.qq.Testosterone phenylpropionate. 1495 nn.rr.Testosterone propionate. 1496 oo.ss.Testosterone undecanoate. 1497 pp.tt.Trenbolone. 1498 qq.uu.Trenbolone acetate. 1499 rr.vv.Any salt, ester, or isomer of a drug or substance 1500 described or listed in this subparagraph if that salt, ester, or 1501 isomer promotes muscle growth. 1502 2. The term does not include an anabolic steroid that is 1503 expressly intended for administration through implants to cattle 1504 or other nonhuman species and that has been approved by the 1505 United States Secretary of Health and Human Services for such 1506 administration. However, any person who prescribes, dispenses, 1507 or distributes such a steroid for human use is considered to 1508 have prescribed, dispensed, or distributed an anabolic steroid 1509 within the meaning of this paragraph. 1510 (e) Ketamine, including any isomers, esters, ethers, salts, 1511 and salts of isomers, esters, and ethers, whenever the existence 1512 of such isomers, esters, ethers, and salts is possible within 1513 the specific chemical designation. 1514 (f) Dronabinol (synthetic THC) in sesame oil and 1515 encapsulated in a soft gelatin capsule in a drug product 1516 approved by the United States Food and Drug Administration. 1517 (g) Any drug product containing gamma-hydroxybutyric acid, 1518 including its salts, isomers, and salts of isomers, for which an 1519 application is approved under s. 505 of the Federal Food, Drug, 1520 and Cosmetic Act. 1521 (4) SCHEDULE IV.—A substance in Schedule IV has a low 1522 potential for abuse relative to the substances in Schedule III 1523 and has a currently accepted medical use in treatment in the 1524 United States, and abuse of the substance may lead to limited 1525 physical or psychological dependence relative to the substances 1526 in Schedule III. Unless specifically excepted or unless listed 1527 in another schedule, any material, compound, mixture, or 1528 preparation which contains any quantity of the following 1529 substances, including its salts, isomers, and salts of isomers 1530 whenever the existence of such salts, isomers, and salts of 1531 isomers is possible within the specific chemical designation, 1532 are controlled in Schedule IV: 1533 (a) Alprazolam. 1534 (b) Barbital. 1535 (c) Bromazepam. 1536 (d) Camazepam. 1537 (e) Cathine. 1538 (f) Chloral betaine. 1539 (g) Chloral hydrate. 1540 (h) Chlordiazepoxide. 1541 (i) Clobazam. 1542 (j) Clonazepam. 1543 (k) Clorazepate. 1544 (l) Clotiazepam. 1545 (m) Cloxazolam. 1546 (n) Delorazepam. 1547 (o) Propoxyphene (dosage forms). 1548 (p) Diazepam. 1549 (q) Diethylpropion. 1550 (r) Estazolam. 1551 (s) Ethchlorvynol. 1552 (t) Ethinamate. 1553 (u) Ethyl loflazepate. 1554 (v) Fencamfamin. 1555 (w) Fenfluramine. 1556 (x) Fenproporex. 1557 (y) Fludiazepam. 1558 (z) Flurazepam. 1559 (aa) Halazepam. 1560 (bb) Haloxazolam. 1561 (cc) Ketazolam. 1562 (dd) Loprazolam. 1563 (ee) Lorazepam. 1564 (ff) Lormetazepam. 1565 (gg) Mazindol. 1566 (hh) Mebutamate. 1567 (ii) Medazepam. 1568 (jj) Mefenorex. 1569 (kk) Meprobamate. 1570 (ll) Methohexital. 1571 (mm) Methylphenobarbital. 1572 (nn) Midazolam. 1573 (oo) Nimetazepam. 1574 (pp) Nitrazepam. 1575 (qq) Nordiazepam. 1576 (rr) Oxazepam. 1577 (ss) Oxazolam. 1578 (tt) Paraldehyde. 1579 (uu) Pemoline. 1580 (vv) Pentazocine. 1581 (ww) Phenobarbital. 1582 (xx) Phentermine. 1583 (yy) Pinazepam. 1584 (zz) Pipradrol. 1585 (aaa) Prazepam. 1586 (bbb) Propylhexedrine, excluding any patent or proprietary 1587 preparation containing propylhexedrine, unless otherwise 1588 provided by federal law. 1589 (ccc) Quazepam. 1590 (ddd) Tetrazepam. 1591 (eee) SPA[(-)-1 dimethylamino-1, 2 1592 diphenylethane]. 1593 (fff) Temazepam. 1594 (ggg) Triazolam. 1595 (hhh) Not more than 1 milligram of difenoxin and not less 1596 than 25 micrograms of atropine sulfate per dosage unit. 1597 (iii) Butorphanol tartrate. 1598 (jjj) Carisoprodol. 1599 (5) SCHEDULE V.—A substance, compound, mixture, or 1600 preparation of a substance in Schedule V has a low potential for 1601 abuse relative to the substances in Schedule IV and has a 1602 currently accepted medical use in treatment in the United 1603 States, and abuse of such compound, mixture, or preparation may 1604 lead to limited physical or psychological dependence relative to 1605 the substances in Schedule IV. 1606 (a) Substances controlled in Schedule V include any 1607 compound, mixture, or preparation containing any of the 1608 following limited quantities of controlled substances, which 1609 shall include one or more active medicinal ingredients which are 1610 not controlled substances in sufficient proportion to confer 1611 upon the compound, mixture, or preparation valuable medicinal 1612 qualities other than those possessed by the controlled substance 1613 alone: 1614 1. Not more than 200 milligrams of codeine per 100 1615 milliliters or per 100 grams. 1616 2. Not more than 100 milligrams of dihydrocodeine per 100 1617 milliliters or per 100 grams. 1618 3. Not more than 100 milligrams of ethylmorphine per 100 1619 milliliters or per 100 grams. 1620 4. Not more than 2.5 milligrams of diphenoxylate and not 1621 less than 25 micrograms of atropine sulfate per dosage unit. 1622 5. Not more than 100 milligrams of opium per 100 1623 milliliters or per 100 grams. 1624 (b) Narcotic drugs. Unless specifically excepted or unless 1625 listed in another schedule, any material, compound, mixture, or 1626 preparation containing any of the following narcotic drugs and 1627 their salts: Buprenorphine. 1628 (c) Stimulants. Unless specifically excepted or unless 1629 listed in another schedule, any material, compound, mixture, or 1630 preparation which contains any quantity of the following 1631 substances having a stimulant effect on the central nervous 1632 system, including its salts, isomers, and salts of isomers: 1633 Pyrovalerone. 1634 Section 3. Section 893.033, Florida Statutes, is amended to 1635 read: 1636 893.033 Listed chemicals.—The chemicals listed in this 1637 section are included by whatever official, common, usual, 1638 chemical, or trade name designated. 1639 (1) PRECURSOR CHEMICALS.—The term “listed precursor 1640 chemical” means a chemical that may be used in manufacturing a 1641 controlled substance in violation of this chapter and is 1642 critical to the creation of the controlled substance, and such 1643 term includes any salt, optical isomer, or salt of an optical 1644 isomer, whenever the existence of such salt, optical isomer, or 1645 salt of optical isomer is possible within the specific chemical 1646 designation. The following are “listed precursor chemicals”: 1647 (a) Anthranilic acid. 1648 (b) Benzaldehyde. 1649 (c) Benzyl cyanide. 1650 (d) Chloroephedrine. 1651 (e) Chloropseudoephedrine. 1652 (f) Ephedrine. 1653 (g) Ergonovine. 1654 (h) Ergotamine. 1655 (i) Ergocristine. 1656(i) Hydriodic acid.1657 (j) Ethylamine. 1658 (k) Iodine tincture above 2.2 percent. 1659 (l)(k)Isosafrole. 1660 (m)(l)Methylamine. 1661 (n)(m)3, 4-Methylenedioxyphenyl-2-propanone. 1662 (o)(n)N-Acetylanthranilic acid. 1663 (p)(o)N-Ethylephedrine. 1664 (q)(p)N-Ethylpseudoephedrine. 1665 (r)(q)N-Methylephedrine. 1666 (s)(r)N-Methylpseudoephedrine. 1667 (t) ANPP (4-Anilino-N-phenethyl-4-piperidine). 1668 (u) NPP (N-Phenethyl-4-piperidone). 1669 (v)(s)Nitroethane. 1670 (w)(t)Norpseudoephedrine. 1671 (x)(u)Phenylacetic acid. 1672 (y)(v)Phenylpropanolamine. 1673 (z)(w)Piperidine. 1674 (aa)(x)Piperonal. 1675 (bb)(y)Propionic anhydride. 1676 (cc)(z)Pseudoephedrine. 1677 (dd)(aa)Safrole. 1678 (2) ESSENTIAL CHEMICALS.—The term “listed essential 1679 chemical” means a chemical that may be used as a solvent, 1680 reagent, or catalyst in manufacturing a controlled substance in 1681 violation of this chapter. The following are “listed essential 1682 chemicals”: 1683 (a) Acetic anhydride. 1684 (b) Acetone. 1685 (c) Ammonium salts, including, but not limited to, nitrate, 1686 sulfate, phosphate, or chloride. 1687 (d)(c)Anhydrous ammonia. 1688 (e) Benzoquinone. 1689 (f)(d)Benzyl chloride. 1690 (g)(e)2-Butanone. 1691 (h)(f)Ethyl ether. 1692 (i) Formic acid. 1693 (j)(g)Hydrochloric acidgas. 1694 (k)(h)Hydriodic acid. 1695 (l)(i)Iodine. 1696 (m) Lithium. 1697 (n) Organic solvents, including, but not limited to, 1698 Coleman Fuel, camping fuel, ether, toluene, or lighter fluid. 1699 (o) Organic cosolvents, including, but not limited to, 1700 glycerol, propylene glycol, or polyethylene glycol. 1701 (p) Potassium dichromate. 1702 (q)(j)Potassium permanganate. 1703 (r) Sodium. 1704 (s) Sodium dichromate. 1705 (t) Sodium borohydride. 1706 (u) Sodium cyanoborohydride. 1707 (v) Sodium hydroxide. 1708 (w) Sulfuric acid. 1709(k) Toluene.1710 Section 4. Subsections (3) and (5) of section 893.0356, 1711 Florida Statutes, are amended, paragraph (j) is added to 1712 subsection (4) of that section, and paragraph (a) of subsection 1713 (2) of that section is republished, to read: 1714 893.0356 Control of new substances; findings of fact; 1715 “controlled substance analog” defined.— 1716 (2)(a) As used in this section, “controlled substance 1717 analog” means a substance which, due to its chemical structure 1718 and potential for abuse, meets the following criteria: 1719 1. Is substantially similar to that of a controlled 1720 substance listed in Schedule I or Schedule II of s. 893.03; and 1721 2. Has a stimulant, depressant, or hallucinogenic effect on 1722 the central nervous system or is represented or intended to have 1723 a stimulant, depressant, or hallucinogenic effect on the central 1724 nervous system substantially similar to or greater than that of 1725 a controlled substance listed in Schedule I or Schedule II of s. 1726 893.03. 1727 (3) As used in this section, the term “substantially 1728 similar,” as the term applies to the chemical structure of a 1729 substance, means that the chemical structure of the substance 1730 compared to the structure of a controlled substance has a single 1731 difference in the structural formula that substitutes one atom 1732 or functional group for another, including, but not limited to, 1733 one halogen for another halogen, one hydrogen for a halogen or 1734 vice versa, an alkyl group added or deleted as a side chain to 1735 or from a molecule, or an alkyl group added or deleted from a 1736 side chain of a molecule.“potential for abuse” in this section1737means that a substance has properties as a central nervous1738system stimulant or depressant or a hallucinogen that create a1739substantial likelihood of its being:1740(a) Used in amounts that create a hazard to the user’s1741health or the safety of the community;1742(b) Diverted from legal channels and distributed through1743illegal channels; or1744(c) Taken on the user’s own initiative rather than on the1745basis of professional medical advice.1746 1747Proof of potential for abuse can be based upon a showing that1748these activities are already taking place, or upon a showing1749that the nature and properties of the substance make it1750reasonable to assume that there is a substantial likelihood that1751such activities will take place, in other than isolated or1752occasional instances.1753 (4) The following factors shall be relevant to a finding 1754 that a substance is a controlled substance analog within the 1755 purview of this section: 1756 (j) Comparisons to the accepted methods of marketing, 1757 distribution, and sales of the substance and that which the 1758 substance is purported to be, including, but not limited to: 1759 1. The difference in price at which the substance is sold 1760 and the price at which the substance it is purported to be or 1761 advertised as is normally sold; 1762 2. The difference in how the substance is imported, 1763 manufactured, or distributed compared to how the substance it is 1764 purported to be or advertised as is normally imported, 1765 manufactured, or distributed; 1766 3. The difference in the appearance of the substance in 1767 overall finished dosage form compared to the substance it is 1768 purported to be or advertised as normally appears in overall 1769 finished dosage form; and 1770 4. The difference in how the substance is labeled for sale, 1771 packaged for sale, or the method of sale, including, but not 1772 limited to, the placement of the substance in an area commonly 1773 viewable to the public for purchase consideration compared to 1774 how the substance it is purported to be or advertised as is 1775 normally labeled for sale, packaged for sale, or sold to the 1776 public. 1777 (5) A controlled substance analog shall, for purposes of 1778 drug abuse prevention and control, be treated as the highest 1779 scheduledacontrolled substance of which it is a controlled 1780 substance analog to inSchedule I ofs. 893.03. 1781 Section 5. Subsections (1), (4), and (6), and paragraph (d) 1782 of subsection (8) of section 893.13, Florida Statutes, are 1783 amended, and subsection (2), paragraphs (a) and (b) of 1784 subsection (5), and paragraph (a) of subsection (7) of that 1785 section are republished, to read: 1786 893.13 Prohibited acts; penalties.— 1787 (1)(a) Except as authorized by this chapter and chapter 1788 499, a person may not sell, manufacture, or deliver, or possess 1789 with intent to sell, manufacture, or deliver, a controlled 1790 substance. A person who violates this provision with respect to: 1791 1. A controlled substance named or described in s. 1792 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. 1793 commits a felony of the second degree, punishable as provided in 1794 s. 775.082, s. 775.083, or s. 775.084. 1795 2. A controlled substance named or described in s. 1796 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 1797 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 1798 the third degree, punishable as provided in s. 775.082, s. 1799 775.083, or s. 775.084. 1800 3. A controlled substance named or described in s. 1801 893.03(5) commits a misdemeanor of the first degree, punishable 1802 as provided in s. 775.082 or s. 775.083. 1803 (b) Except as provided in this chapter, a person may not 1804 sell or deliver in excess of 10 grams of any substance named or 1805 described in s. 893.03(1)(a) or (1)(b), or any combination 1806 thereof, or any mixture containing any such substance. A person 1807 who violates this paragraph commits a felony of the first 1808 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1809 775.084. 1810 (c) Except as authorized by this chapter, a person may not 1811 sell, manufacture, or deliver, or possess with intent to sell, 1812 manufacture, or deliver, a controlled substance in, on, or 1813 within 1,000 feet of the real property comprising a child care 1814 facility as defined in s. 402.302 or a public or private 1815 elementary, middle, or secondary school between the hours of 6 1816 a.m. and 12 midnight, or at any time in, on, or within 1,000 1817 feet of real property comprising a state, county, or municipal 1818 park, a community center, or a publicly owned recreational 1819 facility. As used in this paragraph, the term “community center” 1820 means a facility operated by a nonprofit community-based 1821 organization for the provision of recreational, social, or 1822 educational services to the public. A person who violates this 1823 paragraph with respect to: 1824 1. A controlled substance named or described in s. 1825 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. 1826 commits a felony of the first degree, punishable as provided in 1827 s. 775.082, s. 775.083, or s. 775.084. The defendant must be 1828 sentenced to a minimum term of imprisonment of 3 calendar years 1829 unless the offense was committed within 1,000 feet of the real 1830 property comprising a child care facility as defined in s. 1831 402.302. 1832 2. A controlled substance named or described in s. 1833 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 1834 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 1835 the second degree, punishable as provided in s. 775.082, s. 1836 775.083, or s. 775.084. 1837 3. Any other controlled substance, except as lawfully sold, 1838 manufactured, or delivered, must be sentenced to pay a $500 fine 1839 and to serve 100 hours of public service in addition to any 1840 other penalty prescribed by law. 1841 1842 This paragraph does not apply to a child care facility unless 1843 the owner or operator of the facility posts a sign that is not 1844 less than 2 square feet in size with a word legend identifying 1845 the facility as a licensed child care facility and that is 1846 posted on the property of the child care facility in a 1847 conspicuous place where the sign is reasonably visible to the 1848 public. 1849 (d) Except as authorized by this chapter, a person may not 1850 sell, manufacture, or deliver, or possess with intent to sell, 1851 manufacture, or deliver, a controlled substance in, on, or 1852 within 1,000 feet of the real property comprising a public or 1853 private college, university, or other postsecondary educational 1854 institution. A person who violates this paragraph with respect 1855 to: 1856 1. A controlled substance named or described in s. 1857 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. 1858 commits a felony of the first degree, punishable as provided in 1859 s. 775.082, s. 775.083, or s. 775.084. 1860 2. A controlled substance named or described in s. 1861 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 1862 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 1863 the second degree, punishable as provided in s. 775.082, s. 1864 775.083, or s. 775.084. 1865 3. Any other controlled substance, except as lawfully sold, 1866 manufactured, or delivered, must be sentenced to pay a $500 fine 1867 and to serve 100 hours of public service in addition to any 1868 other penalty prescribed by law. 1869 (e) Except as authorized by this chapter, a person may not 1870 sell, manufacture, or deliver, or possess with intent to sell, 1871 manufacture, or deliver, a controlled substance not authorized 1872 by law in, on, or within 1,000 feet of a physical place for 1873 worship at which a church or religious organization regularly 1874 conducts religious services or within 1,000 feet of a 1875 convenience business as defined in s. 812.171. A person who 1876 violates this paragraph with respect to: 1877 1. A controlled substance named or described in s. 1878 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. 1879 commits a felony of the first degree, punishable as provided in 1880 s. 775.082, s. 775.083, or s. 775.084. 1881 2. A controlled substance named or described in s. 1882 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 1883 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 1884 the second degree, punishable as provided in s. 775.082, s. 1885 775.083, or s. 775.084. 1886 3. Any other controlled substance, except as lawfully sold, 1887 manufactured, or delivered, must be sentenced to pay a $500 fine 1888 and to serve 100 hours of public service in addition to any 1889 other penalty prescribed by law. 1890 (f) Except as authorized by this chapter, a person may not 1891 sell, manufacture, or deliver, or possess with intent to sell, 1892 manufacture, or deliver, a controlled substance in, on, or 1893 within 1,000 feet of the real property comprising a public 1894 housing facility at any time. As used in this section, the term 1895 “real property comprising a public housing facility” means real 1896 property, as defined in s. 421.03(12), of a public corporation 1897 created as a housing authority pursuant to part I of chapter 1898 421. A person who violates this paragraph with respect to: 1899 1. A controlled substance named or described in s. 1900 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. 1901 commits a felony of the first degree, punishable as provided in 1902 s. 775.082, s. 775.083, or s. 775.084. 1903 2. A controlled substance named or described in s. 1904 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 1905 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 1906 the second degree, punishable as provided in s. 775.082, s. 1907 775.083, or s. 775.084. 1908 3. Any other controlled substance, except as lawfully sold, 1909 manufactured, or delivered, must be sentenced to pay a $500 fine 1910 and to serve 100 hours of public service in addition to any 1911 other penalty prescribed by law. 1912 (g) Except as authorized by this chapter, a person may not 1913 manufacture methamphetamine or phencyclidine, or possess any 1914 listed chemical as defined in s. 893.033 in violation of s. 1915 893.149 and with intent to manufacture methamphetamine or 1916 phencyclidine. If a person violates this paragraph and: 1917 1. The commission or attempted commission of the crime 1918 occurs in a structure or conveyance where any child younger than 1919 16 years of age is present, the person commits a felony of the 1920 first degree, punishable as provided in s. 775.082, s. 775.083, 1921 or s. 775.084. In addition, the defendant must be sentenced to a 1922 minimum term of imprisonment of 5 calendar years. 1923 2. The commission of the crime causes any child younger 1924 than 16 years of age to suffer great bodily harm, the person 1925 commits a felony of the first degree, punishable as provided in 1926 s. 775.082, s. 775.083, or s. 775.084. In addition, the 1927 defendant must be sentenced to a minimum term of imprisonment of 1928 10 calendar years. 1929 (h) Except as authorized by this chapter, a person may not 1930 sell, manufacture, or deliver, or possess with intent to sell, 1931 manufacture, or deliver, a controlled substance in, on, or 1932 within 1,000 feet of the real property comprising an assisted 1933 living facility, as that term is used in chapter 429. A person 1934 who violates this paragraph with respect to: 1935 1. A controlled substance named or described in s. 1936 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. 1937 commits a felony of the first degree, punishable as provided in 1938 s. 775.082, s. 775.083, or s. 775.084. 1939 2. A controlled substance named or described in s. 1940 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 1941 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 1942 the second degree, punishable as provided in s. 775.082, s. 1943 775.083, or s. 775.084. 1944 3. Any other controlled substance, except as lawfully sold, 1945 manufactured, or delivered, must be sentenced to pay a $500 fine 1946 and to serve 100 hours of public service in addition to any 1947 other penalty prescribed by law. 1948 (2)(a) Except as authorized by this chapter and chapter 1949 499, a person may not purchase, or possess with intent to 1950 purchase, a controlled substance. A person who violates this 1951 provision with respect to: 1952 1. A controlled substance named or described in s. 1953 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. 1954 commits a felony of the second degree, punishable as provided in 1955 s. 775.082, s. 775.083, or s. 775.084. 1956 2. A controlled substance named or described in s. 1957 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 1958 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 1959 the third degree, punishable as provided in s. 775.082, s. 1960 775.083, or s. 775.084. 1961 3. A controlled substance named or described in s. 1962 893.03(5) commits a misdemeanor of the first degree, punishable 1963 as provided in s. 775.082 or s. 775.083. 1964 (b) Except as provided in this chapter, a person may not 1965 purchase more than 10 grams of any substance named or described 1966 in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any 1967 mixture containing any such substance. A person who violates 1968 this paragraph commits a felony of the first degree, punishable 1969 as provided in s. 775.082, s. 775.083, or s. 775.084. 1970 (4) Except as authorized by this chapter, a person 18 years 1971 of age or older may not deliver any controlled substance to a 1972 person younger than 18 years of age, use or hire a person 1973 younger than 18 years of age as an agent or employee in the sale 1974 or delivery of such a substance, or use such person to assist in 1975 avoiding detection or apprehension for a violation of this 1976 chapter. A person who violates this paragraphprovisionwith 1977 respect to: 1978 (a) A controlled substance named or described in s. 1979 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. 1980 commits a felony of the first degree, punishable as provided in 1981 s. 775.082, s. 775.083, or s. 775.084. 1982 (b) A controlled substance named or described in s. 1983 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 1984 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 1985 the second degree, punishable as provided in s. 775.082, s. 1986 775.083, or s. 775.084. 1987 (c) Any other controlled substance, except as lawfully 1988 sold, manufactured, or delivered, commits a felony of the third 1989 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1990 775.084. 1991 1992 Imposition of sentence may not be suspended or deferred, and the 1993 person so convicted may not be placed on probation. 1994 (5) A person may not bring into this state any controlled 1995 substance unless the possession of such controlled substance is 1996 authorized by this chapter or unless such person is licensed to 1997 do so by the appropriate federal agency. A person who violates 1998 this provision with respect to: 1999 (a) A controlled substance named or described in s. 2000 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. 2001 commits a felony of the second degree, punishable as provided in 2002 s. 775.082, s. 775.083, or s. 775.084. 2003 (b) A controlled substance named or described in s. 2004 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 2005 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 2006 the third degree, punishable as provided in s. 775.082, s. 2007 775.083, or s. 775.084. 2008 (6)(a) A person may not be in actual or constructive 2009 possession of a controlled substance unless such controlled 2010 substance was lawfully obtained from a practitioner or pursuant 2011 to a valid prescription or order of a practitioner while acting 2012 in the course of his or her professional practice or to be in 2013 actual or constructive possession of a controlled substance 2014 except as otherwise authorized by this chapter. A person who 2015 violates this provision commits a felony of the third degree, 2016 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2017 (b) If the offense is the possession of 20 grams or less of 2018 cannabis, as defined in this chapter,or 3 grams or less of a2019controlled substance described in s. 893.03(1)(c)46.-50., 114.2020142., 151.-159., or 166.-173.,the person commits a misdemeanor 2021 of the first degree, punishable as provided in s. 775.082 or s. 2022 775.083. As used in this subsection, the term “cannabis” does 2023 not include the resin extracted from the plants of the genus 2024 Cannabis, or any compound manufacture, salt, derivative, 2025 mixture, or preparation of such resin, and a controlled2026substance described in s. 893.03(1)(c)46.-50., 114.-142., 151.2027159., or 166.-173. does not include the substance in a powdered2028form. 2029 (c) Except as provided in this chapter, a person may not 2030 possess more than 10 grams of any substance named or described 2031 in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any 2032 mixture containing any such substance. A person who violates 2033 this paragraph commits a felony of the first degree, punishable 2034 as provided in s. 775.082, s. 775.083, or s. 775.084. 2035 (d) If the offense is possession of a controlled substance 2036 named or described in s. 893.03(5), the person commits a 2037 misdemeanor of the second degree, punishable as provided in s. 2038 775.082 or s. 775.083. 2039 (e)(d)Notwithstanding any provision to the contrary of the 2040 laws of this state relating to arrest, a law enforcement officer 2041 may arrest without warrant any person who the officer has 2042 probable cause to believe is violating the provisions of this 2043 chapter relating to possession of cannabis. 2044 (7)(a) A person may not: 2045 1. Distribute or dispense a controlled substance in 2046 violation of this chapter. 2047 2. Refuse or fail to make, keep, or furnish any record, 2048 notification, order form, statement, invoice, or information 2049 required under this chapter. 2050 3. Refuse entry into any premises for any inspection or 2051 refuse to allow any inspection authorized by this chapter. 2052 4. Distribute a controlled substance named or described in 2053 s. 893.03(1) or (2) except pursuant to an order form as required 2054 by s. 893.06. 2055 5. Keep or maintain any store, shop, warehouse, dwelling, 2056 building, vehicle, boat, aircraft, or other structure or place 2057 which is resorted to by persons using controlled substances in 2058 violation of this chapter for the purpose of using these 2059 substances, or which is used for keeping or selling them in 2060 violation of this chapter. 2061 6. Use to his or her own personal advantage, or reveal, any 2062 information obtained in enforcement of this chapter except in a 2063 prosecution or administrative hearing for a violation of this 2064 chapter. 2065 7. Possess a prescription form unless it has been signed by 2066 the practitioner whose name appears printed thereon and 2067 completed. This subparagraph does not apply if the person in 2068 possession of the form is the practitioner whose name appears 2069 printed thereon, an agent or employee of that practitioner, a 2070 pharmacist, or a supplier of prescription forms who is 2071 authorized by that practitioner to possess those forms. 2072 8. Withhold information from a practitioner from whom the 2073 person seeks to obtain a controlled substance or a prescription 2074 for a controlled substance that the person making the request 2075 has received a controlled substance or a prescription for a 2076 controlled substance of like therapeutic use from another 2077 practitioner within the previous 30 days. 2078 9. Acquire or obtain, or attempt to acquire or obtain, 2079 possession of a controlled substance by misrepresentation, 2080 fraud, forgery, deception, or subterfuge. 2081 10. Affix any false or forged label to a package or 2082 receptacle containing a controlled substance. 2083 11. Furnish false or fraudulent material information in, or 2084 omit any material information from, any report or other document 2085 required to be kept or filed under this chapter or any record 2086 required to be kept by this chapter. 2087 12. Store anhydrous ammonia in a container that is not 2088 approved by the United States Department of Transportation to 2089 hold anhydrous ammonia or is not constructed in accordance with 2090 sound engineering, agricultural, or commercial practices. 2091 13. With the intent to obtain a controlled substance or 2092 combination of controlled substances that are not medically 2093 necessary for the person or an amount of a controlled substance 2094 or substances that is not medically necessary for the person, 2095 obtain or attempt to obtain from a practitioner a controlled 2096 substance or a prescription for a controlled substance by 2097 misrepresentation, fraud, forgery, deception, subterfuge, or 2098 concealment of a material fact. For purposes of this 2099 subparagraph, a material fact includes whether the person has an 2100 existing prescription for a controlled substance issued for the 2101 same period of time by another practitioner or as described in 2102 subparagraph 8. 2103 (8) 2104 (d) Notwithstanding paragraph (c), if a prescribing 2105 practitioner has violated paragraph (a) and received $1,000 or 2106 more in payment for writing one or more prescriptions or, in the 2107 case of a prescription written for a controlled substance 2108 described in s. 893.135, has written one or more prescriptions 2109 for a quantity of a controlled substance which, individually or 2110 in the aggregate, meets the threshold for the offense of 2111 trafficking in a controlled substance under s. 893.135s.2112893.15, the violation is reclassified as a felony of the second 2113 degree and ranked in level 4 of the Criminal Punishment Code. 2114 Section 6. Paragraphs (g) and (l) of subsection (1) of 2115 section 893.135, Florida Statutes, are republished, paragraph 2116 (k) of that subsection is amended, and subsection (6) of that 2117 section is amended, to read: 2118 893.135 Trafficking; mandatory sentences; suspension or 2119 reduction of sentences; conspiracy to engage in trafficking.— 2120 (1) Except as authorized in this chapter or in chapter 499 2121 and notwithstanding the provisions of s. 893.13: 2122 (g)1. Any person who knowingly sells, purchases, 2123 manufactures, delivers, or brings into this state, or who is 2124 knowingly in actual or constructive possession of, 4 grams or 2125 more of flunitrazepam or any mixture containing flunitrazepam as 2126 described in s. 893.03(1)(a) commits a felony of the first 2127 degree, which felony shall be known as “trafficking in 2128 flunitrazepam,” punishable as provided in s. 775.082, s. 2129 775.083, or s. 775.084. If the quantity involved: 2130 a. Is 4 grams or more but less than 14 grams, such person 2131 shall be sentenced to a mandatory minimum term of imprisonment 2132 of 3 years, and the defendant shall be ordered to pay a fine of 2133 $50,000. 2134 b. Is 14 grams or more but less than 28 grams, such person 2135 shall be sentenced to a mandatory minimum term of imprisonment 2136 of 7 years, and the defendant shall be ordered to pay a fine of 2137 $100,000. 2138 c. Is 28 grams or more but less than 30 kilograms, such 2139 person shall be sentenced to a mandatory minimum term of 2140 imprisonment of 25 calendar years and pay a fine of $500,000. 2141 2. Any person who knowingly sells, purchases, manufactures, 2142 delivers, or brings into this state or who is knowingly in 2143 actual or constructive possession of 30 kilograms or more of 2144 flunitrazepam or any mixture containing flunitrazepam as 2145 described in s. 893.03(1)(a) commits the first degree felony of 2146 trafficking in flunitrazepam. A person who has been convicted of 2147 the first degree felony of trafficking in flunitrazepam under 2148 this subparagraph shall be punished by life imprisonment and is 2149 ineligible for any form of discretionary early release except 2150 pardon or executive clemency or conditional medical release 2151 under s. 947.149. However, if the court determines that, in 2152 addition to committing any act specified in this paragraph: 2153 a. The person intentionally killed an individual or 2154 counseled, commanded, induced, procured, or caused the 2155 intentional killing of an individual and such killing was the 2156 result; or 2157 b. The person’s conduct in committing that act led to a 2158 natural, though not inevitable, lethal result, 2159 2160 such person commits the capital felony of trafficking in 2161 flunitrazepam, punishable as provided in ss. 775.082 and 2162 921.142. Any person sentenced for a capital felony under this 2163 paragraph shall also be sentenced to pay the maximum fine 2164 provided under subparagraph 1. 2165 (k)1. A person who knowingly sells, purchases, 2166 manufactures, delivers, or brings into this state, or who is 2167 knowingly in actual or constructive possession of, 10 grams or 2168 more of any of the following substances described in s. 2169 893.03(1)(c): 2170 a. (MDMA) 3,4-Methylenedioxymethamphetamine(MDMA); 2171 b. DOB (4-Bromo-2,5-dimethoxyamphetamine); 2172 c. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine); 2173 d. 2,5-Dimethoxyamphetamine; 2174 e. DOET (4-Ethyl-2,5-dimethoxyamphetamine)2,5-Dimethoxy-42175ethylamphetamine (DOET); 2176 f. N-ethylamphetamine; 2177 g. N-Hydroxy-3,4-methylenedioxyamphetamine; 2178 h. 5-Methoxy-3,4-methylenedioxyamphetamine; 2179 i. PMA (4-methoxyamphetamine); 2180 j. PMMA (4-methoxymethamphetamine); 2181 k. DOM (4-Methyl-2,5-dimethoxyamphetamine); 2182 l. MDEA (3,4-Methylenedioxy-N-ethylamphetamine); 2183 m. MDA (3,4-Methylenedioxyamphetamine); 2184 n. N,N-dimethylamphetamine; 2185 o. 3,4,5-Trimethoxyamphetamine; 2186 p. Methylone (3,4-Methylenedioxymethcathinone); 2187 q. MDPV (3,4-Methylenedioxypyrovalerone)(MDPV); or 2188 r. Methylmethcathinone, 2189 2190 individually or analogs thereto or isomers thereto or in any 2191 combination of or any mixture containing any substance listed in 2192 sub-subparagraphs a.-r., commits a felony of the first degree, 2193 which felony shall be known as “trafficking in Phenethylamines,” 2194 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2195 2. If the quantity involved: 2196 a. Is 10 grams or more, but less than 200 grams, such 2197 person shall be sentenced to a mandatory minimum term of 2198 imprisonment of 3 years and shall be ordered to pay a fine of 2199 $50,000. 2200 b. Is 200 grams or more, but less than 400 grams, such 2201 person shall be sentenced to a mandatory minimum term of 2202 imprisonment of 7 years and shall be ordered to pay a fine of 2203 $100,000. 2204 c. Is 400 grams or more, such person shall be sentenced to 2205 a mandatory minimum term of imprisonment of 15 years and shall 2206 be ordered to pay a fine of $250,000. 2207 3. A person who knowingly manufactures or brings into this 2208 state 30 kilograms or more of any of the following substances 2209 described in s. 893.03(1)(c): 2210 a. MDMA (3,4-Methylenedioxymethamphetamine)(MDMA); 2211 b. 2C-B (4-Bromo-2,5-dimethoxyamphetamine); 2212 c. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine); 2213 d. 2,5-Dimethoxyamphetamine; 2214 e. DOET (4-Ethyl-2,5-dimethoxyamphetamine)2,5-Dimethoxy-42215ethylamphetamine (DOET); 2216 f. N-ethylamphetamine; 2217 g. N-Hydroxy-3,4-methylenedioxyamphetamine; 2218 h. 5-Methoxy-3,4-methylenedioxyamphetamine; 2219 i. PMA (4-methoxyamphetamine); 2220 j. PMMA (4-methoxymethamphetamine); 2221 k. DOM (4-Methyl-2,5-dimethoxyamphetamine); 2222 l. MDEA (3,4-Methylenedioxy-N-ethylamphetamine); 2223 m. MDA (3,4-Methylenedioxyamphetamine); 2224 n. N,N-dimethylamphetamine; 2225 o. 3,4,5-Trimethoxyamphetamine; 2226 p. Methylone (3,4-Methylenedioxymethcathinone); 2227 q. MDPV (3,4-Methylenedioxypyrovalerone)(MDPV); or 2228 r. Methylmethcathinone, 2229 2230 individually or analogs thereto or isomers thereto or in any 2231 combination of or any mixture containing any substance listed in 2232 sub-subparagraphs a.-r., and who knows that the probable result 2233 of such manufacture or importation would be the death of any 2234 person commits capital manufacture or importation of 2235 Phenethylamines, a capital felony punishable as provided in ss. 2236 775.082 and 921.142. A person sentenced for a capital felony 2237 under this paragraph shall also be sentenced to pay the maximum 2238 fine provided under subparagraph 1. 2239 (l)1. Any person who knowingly sells, purchases, 2240 manufactures, delivers, or brings into this state, or who is 2241 knowingly in actual or constructive possession of, 1 gram or 2242 more of lysergic acid diethylamide (LSD) as described in s. 2243 893.03(1)(c), or of any mixture containing lysergic acid 2244 diethylamide (LSD), commits a felony of the first degree, which 2245 felony shall be known as “trafficking in lysergic acid 2246 diethylamide (LSD),” punishable as provided in s. 775.082, s. 2247 775.083, or s. 775.084. If the quantity involved: 2248 a. Is 1 gram or more, but less than 5 grams, such person 2249 shall be sentenced to a mandatory minimum term of imprisonment 2250 of 3 years, and the defendant shall be ordered to pay a fine of 2251 $50,000. 2252 b. Is 5 grams or more, but less than 7 grams, such person 2253 shall be sentenced to a mandatory minimum term of imprisonment 2254 of 7 years, and the defendant shall be ordered to pay a fine of 2255 $100,000. 2256 c. Is 7 grams or more, such person shall be sentenced to a 2257 mandatory minimum term of imprisonment of 15 calendar years and 2258 pay a fine of $500,000. 2259 2. Any person who knowingly manufactures or brings into 2260 this state 7 grams or more of lysergic acid diethylamide (LSD) 2261 as described in s. 893.03(1)(c), or any mixture containing 2262 lysergic acid diethylamide (LSD), and who knows that the 2263 probable result of such manufacture or importation would be the 2264 death of any person commits capital manufacture or importation 2265 of lysergic acid diethylamide (LSD), a capital felony punishable 2266 as provided in ss. 775.082 and 921.142. Any person sentenced for 2267 a capital felony under this paragraph shall also be sentenced to 2268 pay the maximum fine provided under subparagraph 1. 2269 (6) A mixture, as defined in s. 893.02, containing any 2270 controlled substance described in this section includes, but is 2271 not limited to, a solution or a dosage unit, including but not 2272 limited to, a gelatin capsule, pill, or tablet, containing a 2273 controlled substance. For the purpose of clarifying legislative 2274 intent regarding the weighing of a mixture containing a 2275 controlled substance described in this section, the weight of 2276 the controlled substance is the total weight of the mixture, 2277 including the controlled substance and any other substance in 2278 the mixture. If there is more than one mixture containing the 2279 same controlled substance, the weight of the controlled 2280 substance is calculated by aggregating the total weight of each 2281 mixture. 2282 Section 7. Subsection (2) of section 893.138, Florida 2283 Statutes, is amended to read: 2284 893.138 Local administrative action to abate drug-related, 2285 prostitution-related, or stolen-property-related public 2286 nuisances and criminal gang activity.— 2287 (2) Any place or premises that has been used: 2288 (a) On more than two occasions within a 6-month period, as 2289 the site of a violation of s. 796.07; 2290 (b) On more than two occasions within a 6-month period, as 2291 the site of the unlawful sale, delivery, manufacture, or 2292 cultivation of any controlled substance; 2293 (c) On one occasion as the site of the unlawful possession 2294 of a controlled substance, where such possession constitutes a 2295 felony and that has been previously used on more than one 2296 occasion as the site of the unlawful sale, delivery, 2297 manufacture, or cultivation of any controlled substance; 2298 (d) By a criminal gang for the purpose of conducting 2299 criminal gang activity as defined by s. 874.03;or2300 (e) On more than two occasions within a 6-month period, as 2301 the site of a violation of s. 812.019 relating to dealing in 2302 stolen property; or 2303 (f) On two or more occasions within a 6-month period, as 2304 the site of a violation of chapter 499, 2305 2306 may be declared to be a public nuisance, and such nuisance may 2307 be abated pursuant to the procedures provided in this section. 2308 Section 8. Subsections (6) and (12) of section 893.145, 2309 Florida Statutes, are amended to read: 2310 893.145 “Drug paraphernalia” defined.—The term “drug 2311 paraphernalia” means all equipment, products, and materials of 2312 any kind which are used, intended for use, or designed for use 2313 in planting, propagating, cultivating, growing, harvesting, 2314 manufacturing, compounding, converting, producing, processing, 2315 preparing, testing, analyzing, packaging, repackaging, storing, 2316 containing, concealing, transporting, injecting, ingesting, 2317 inhaling, or otherwise introducing into the human body a 2318 controlled substance in violation of this chapter or s. 877.111. 2319 Drug paraphernalia is deemed to be contraband which shall be 2320 subject to civil forfeiture. The term includes, but is not 2321 limited to: 2322 (6) Diluents and adulterants, such as quinine 2323 hydrochloride, caffeine, dimethyl sulfone, mannitol, mannite, 2324 dextrose, and lactose, used, intended for use, or designed for 2325 use in dilutingcuttingcontrolled substances; or substances 2326 such as damiana leaf, marshmallow leaf, and mullein leaf, used, 2327 intended for use, or designed for use as carrier mediums of 2328 controlled substances. 2329 (12) Objects used, intended for use, or designed for use in 2330 ingesting, inhaling, or otherwise introducing controlled 2331 substances, as described in s. 893.03, or substances described 2332 in s. 877.111(1)cannabis, cocaine, hashish, hashish oil, or2333nitrous oxideinto the human body, such as: 2334 (a) Metal, wooden, acrylic, glass, stone, plastic, or 2335 ceramic pipes, with or without screens, permanent screens, 2336 hashish heads, or punctured metal bowls. 2337 (b) Water pipes. 2338 (c) Carburetion tubes and devices. 2339 (d) Smoking and carburetion masks. 2340 (e) Roach clips: meaning objects used to hold burning 2341 material, such as a cannabis cigarette, that has become too 2342 small or too short to be held in the hand. 2343 (f) Miniature cocaine spoons, and cocaine vials. 2344 (g) Chamber pipes. 2345 (h) Carburetor pipes. 2346 (i) Electric pipes. 2347 (j) Air-driven pipes. 2348 (k) Chillums. 2349 (l) Bongs. 2350 (m) Ice pipes or chillers. 2351 (n) A cartridge or canister, which means a small metal 2352 device used to contain nitrous oxide. 2353 (o) A charger, sometimes referred to as a “cracker,” which 2354 means a small metal or plastic device that contains an interior 2355 pin that may be used to expel nitrous oxide from a cartridge or 2356 container. 2357 (p) A charging bottle, which means a device that may be 2358 used to expel nitrous oxide from a cartridge or canister. 2359 (q) A whip-it, which means a device that may be used to 2360 expel nitrous oxide. 2361 (r) A tank. 2362 (s) A balloon. 2363 (t) A hose or tube. 2364 (u) A 2-liter-type soda bottle. 2365 (v) Duct tape. 2366 Section 9. Paragraph (a) of subsection (1) of section 2367 895.02, Florida Statutes, is amended to read: 2368 895.02 Definitions.—As used in ss. 895.01-895.08, the term: 2369 (1) “Racketeering activity” means to commit, to attempt to 2370 commit, to conspire to commit, or to solicit, coerce, or 2371 intimidate another person to commit: 2372 (a) Any crime that is chargeable by petition, indictment, 2373 or information under the following provisions of the Florida 2374 Statutes: 2375 1. Section 210.18, relating to evasion of payment of 2376 cigarette taxes. 2377 2. Section 316.1935, relating to fleeing or attempting to 2378 elude a law enforcement officer and aggravated fleeing or 2379 eluding. 2380 3. Section 403.727(3)(b), relating to environmental 2381 control. 2382 4. Section 409.920 or s. 409.9201, relating to Medicaid 2383 fraud. 2384 5. Section 414.39, relating to public assistance fraud. 2385 6. Section 440.105 or s. 440.106, relating to workers’ 2386 compensation. 2387 7. Section 443.071(4), relating to creation of a fictitious 2388 employer scheme to commit reemployment assistance fraud. 2389 8. Section 465.0161, relating to distribution of medicinal 2390 drugs without a permit as an Internet pharmacy. 2391 9. Section 499.0051, relating to crimes involving 2392 contraband,andadulterated, or misbranded drugs. 2393 10. Part IV of chapter 501, relating to telemarketing. 2394 11. Chapter 517, relating to sale of securities and 2395 investor protection. 2396 12. Section 550.235 or s. 550.3551, relating to dogracing 2397 and horseracing. 2398 13. Chapter 550, relating to jai alai frontons. 2399 14. Section 551.109, relating to slot machine gaming. 2400 15. Chapter 552, relating to the manufacture, distribution, 2401 and use of explosives. 2402 16. Chapter 560, relating to money transmitters, if the 2403 violation is punishable as a felony. 2404 17. Chapter 562, relating to beverage law enforcement. 2405 18. Section 624.401, relating to transacting insurance 2406 without a certificate of authority, s. 624.437(4)(c)1., relating 2407 to operating an unauthorized multiple-employer welfare 2408 arrangement, or s. 626.902(1)(b), relating to representing or 2409 aiding an unauthorized insurer. 2410 19. Section 655.50, relating to reports of currency 2411 transactions, when such violation is punishable as a felony. 2412 20. Chapter 687, relating to interest and usurious 2413 practices. 2414 21. Section 721.08, s. 721.09, or s. 721.13, relating to 2415 real estate timeshare plans. 2416 22. Section 775.13(5)(b), relating to registration of 2417 persons found to have committed any offense for the purpose of 2418 benefiting, promoting, or furthering the interests of a criminal 2419 gang. 2420 23. Section 777.03, relating to commission of crimes by 2421 accessories after the fact. 2422 24. Chapter 782, relating to homicide. 2423 25. Chapter 784, relating to assault and battery. 2424 26. Chapter 787, relating to kidnapping or human 2425 trafficking. 2426 27. Chapter 790, relating to weapons and firearms. 2427 28. Chapter 794, relating to sexual battery, but only if 2428 such crime was committed with the intent to benefit, promote, or 2429 further the interests of a criminal gang, or for the purpose of 2430 increasing a criminal gang member’s own standing or position 2431 within a criminal gang. 2432 29. Former s. 796.03, former s. 796.035, s. 796.04, s. 2433 796.05, or s. 796.07, relating to prostitution. 2434 30. Chapter 806, relating to arson and criminal mischief. 2435 31. Chapter 810, relating to burglary and trespass. 2436 32. Chapter 812, relating to theft, robbery, and related 2437 crimes. 2438 33. Chapter 815, relating to computer-related crimes. 2439 34. Chapter 817, relating to fraudulent practices, false 2440 pretenses, fraud generally, and credit card crimes. 2441 35. Chapter 825, relating to abuse, neglect, or 2442 exploitation of an elderly person or disabled adult. 2443 36. Section 827.071, relating to commercial sexual 2444 exploitation of children. 2445 37. Section 828.122, relating to fighting or baiting 2446 animals. 2447 38. Chapter 831, relating to forgery and counterfeiting. 2448 39. Chapter 832, relating to issuance of worthless checks 2449 and drafts. 2450 40. Section 836.05, relating to extortion. 2451 41. Chapter 837, relating to perjury. 2452 42. Chapter 838, relating to bribery and misuse of public 2453 office. 2454 43. Chapter 843, relating to obstruction of justice. 2455 44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or 2456 s. 847.07, relating to obscene literature and profanity. 2457 45. Chapter 849, relating to gambling, lottery, gambling or 2458 gaming devices, slot machines, or any of the provisions within 2459 that chapter. 2460 46. Chapter 874, relating to criminal gangs. 2461 47. Chapter 893, relating to drug abuse prevention and 2462 control. 2463 48. Chapter 896, relating to offenses related to financial 2464 transactions. 2465 49. Sections 914.22 and 914.23, relating to tampering with 2466 or harassing a witness, victim, or informant, and retaliation 2467 against a witness, victim, or informant. 2468 50. Sections 918.12 and 918.13, relating to tampering with 2469 jurors and evidence. 2470 Section 10. Paragraphs (c), (e), and (g) of subsection (3) 2471 of section 921.0022, Florida Statutes, are amended, and 2472 paragraphs (b), (d), and (h) of that subsection are republished, 2473 to read: 2474 921.0022 Criminal Punishment Code; offense severity ranking 2475 chart.— 2476 (3) OFFENSE SEVERITY RANKING CHART 2477 (b) LEVEL 2 2478 2479 FloridaStatute FelonyDegree Description 2480 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. 2481 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act. 2482 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste. 2483 517.07(2) 3rd Failure to furnish a prospectus meeting requirements. 2484 590.28(1) 3rd Intentional burning of lands. 2485 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. 2486 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits. 2487 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service. 2488 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. 2489 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property. 2490 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000. 2491 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling. 2492 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. 2493 817.234(1)(a)2. 3rd False statement in support of insurance claim. 2494 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. 2495 817.52(3) 3rd Failure to redeliver hired vehicle. 2496 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation. 2497 817.60(5) 3rd Dealing in credit cards of another. 2498 817.60(6)(a) 3rd Forgery; purchase goods, services with false card. 2499 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months. 2500 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related. 2501 831.01 3rd Forgery. 2502 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud. 2503 831.07 3rd Forging bank bills, checks, drafts, or promissory notes. 2504 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts. 2505 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes. 2506 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes. 2507 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud. 2508 843.08 3rd False personation. 2509 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis. 2510 893.147(2) 3rd Manufacture or delivery of drug paraphernalia. 2511 2512 2513 (c) LEVEL 3 2514 2515 FloridaStatute FelonyDegree Description 2516 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 2517 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 2518 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 2519 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 2520 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 2521 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 2522 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 2523 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 2524 327.35(2)(b) 3rd Felony BUI. 2525 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 2526 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 2527 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 2528 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act. 2529 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 2530 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 2531 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 2532 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report. 2533 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 2534 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 2535 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 2536 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer. 2537 697.08 3rd Equity skimming. 2538 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 2539 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 2540 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 2541 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 2542 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 2543 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 2544 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property. 2545 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 2546 817.233 3rd Burning to defraud insurer. 2547 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 2548 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 2549 817.236 3rd Filing a false motor vehicle insurance application. 2550 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 2551 817.413(2) 3rd Sale of used goods as new. 2552 817.505(4) 3rd Patient brokering. 2553 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 2554 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument. 2555 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards. 2556 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 2557 843.19 3rd Injure, disable, or kill police dog or horse. 2558 860.15(3) 3rd Overcharging for repairs and parts. 2559 870.01(2) 3rd Riot; inciting or encouraging. 2560 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). 2561 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university. 2562 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility. 2563 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 2564 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 2565 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 2566 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 2567 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 2568 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 2569 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice. 2570 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. 2571 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 2572 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner. 2573 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence. 2574 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 2575 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 2576 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 2577 2578 (d) LEVEL 4 2579 2580 FloridaStatute FelonyDegree Description 2581 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. 2582 499.0051(1) 3rd Failure to maintain or deliver pedigree papers. 2583 499.0051(2) 3rd Failure to authenticate pedigree papers. 2584 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. 2585 517.07(1) 3rd Failure to register securities. 2586 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register. 2587 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc. 2588 784.074(1)(c) 3rd Battery of sexually violent predators facility staff. 2589 784.075 3rd Battery on detention or commitment facility staff. 2590 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 2591 784.08(2)(c) 3rd Battery on a person 65 years of age or older. 2592 784.081(3) 3rd Battery on specified official or employee. 2593 784.082(3) 3rd Battery by detained person on visitor or other detainee. 2594 784.083(3) 3rd Battery on code inspector. 2595 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 2596 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian. 2597 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 2598 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. 2599 787.07 3rd Human smuggling. 2600 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 2601 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 2602 790.115(2)(c) 3rd Possessing firearm on school property. 2603 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years. 2604 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. 2605 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 2606 810.06 3rd Burglary; possession of tools. 2607 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon. 2608 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 2609 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. 2610 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more. 2611 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 2612 817.568(2)(a) 3rd Fraudulent use of personal identification information. 2613 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder. 2614 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 2615 837.02(1) 3rd Perjury in official proceedings. 2616 837.021(1) 3rd Make contradictory statements in official proceedings. 2617 838.022 3rd Official misconduct. 2618 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency. 2619 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families. 2620 843.021 3rd Possession of a concealed handcuff key by a person in custody. 2621 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 2622 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping). 2623 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years. 2624 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang. 2625 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs). 2626 914.14(2) 3rd Witnesses accepting bribes. 2627 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant. 2628 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 2629 918.12 3rd Tampering with jurors. 2630 934.215 3rd Use of two-way communications device to facilitate commission of a crime. 2631 2632 (e) LEVEL 5 2633 2634 FloridaStatute FelonyDegree Description 2635 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene. 2636 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 2637 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 2638 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene. 2639 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy. 2640 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester. 2641 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive. 2642 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage. 2643 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims. 2644 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums. 2645 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. 2646 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender. 2647 790.01(2) 3rd Carrying a concealed firearm. 2648 790.162 2nd Threat to throw or discharge destructive device. 2649 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction. 2650 790.221(1) 2nd Possession of short-barreled shotgun or machine gun. 2651 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices. 2652 796.05(1) 2nd Live on earnings of a prostitute; 1st offense. 2653 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age. 2654 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older. 2655 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 2656 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000. 2657 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts. 2658 812.019(1) 2nd Stolen property; dealing in or trafficking in. 2659 812.131(2)(b) 3rd Robbery by sudden snatching. 2660 812.16(2) 3rd Owning, operating, or conducting a chop shop. 2661 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000. 2662 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000. 2663 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity. 2664 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons. 2665 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder. 2666 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 2667 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. 2668 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child. 2669 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death. 2670 843.01 3rd Resist officer with violence to person; resist arrest with violence. 2671 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older. 2672 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment. 2673 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment. 2674 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense. 2675 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang. 2676 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). 2677 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. 2678 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university. 2679 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site. 2680 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility. 2681 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substancecannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). 2682 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. 2683 2684 (g) LEVEL 7 2685 2686 FloridaStatute FelonyDegree Description 2687 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 2688 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 2689 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. 2690 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury. 2691 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 2692 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 2693 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 2694 456.065(2) 3rd Practicing a health care profession without a license. 2695 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 2696 458.327(1) 3rd Practicing medicine without a license. 2697 459.013(1) 3rd Practicing osteopathic medicine without a license. 2698 460.411(1) 3rd Practicing chiropractic medicine without a license. 2699 461.012(1) 3rd Practicing podiatric medicine without a license. 2700 462.17 3rd Practicing naturopathy without a license. 2701 463.015(1) 3rd Practicing optometry without a license. 2702 464.016(1) 3rd Practicing nursing without a license. 2703 465.015(2) 3rd Practicing pharmacy without a license. 2704 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 2705 467.201 3rd Practicing midwifery without a license. 2706 468.366 3rd Delivering respiratory care services without a license. 2707 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 2708 483.901(9) 3rd Practicing medical physics without a license. 2709 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 2710 484.053 3rd Dispensing hearing aids without a license. 2711 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. 2712 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business. 2713 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 2714 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 2715 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 2716 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 2717 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 2718 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 2719 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 2720 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide). 2721 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 2722 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 2723 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 2724 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 2725 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 2726 784.048(7) 3rd Aggravated stalking; violation of court order. 2727 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 2728 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 2729 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 2730 784.081(1) 1st Aggravated battery on specified official or employee. 2731 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 2732 784.083(1) 1st Aggravated battery on code inspector. 2733 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 2734 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state. 2735 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 2736 790.16(1) 1st Discharge of a machine gun under specified circumstances. 2737 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 2738 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 2739 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 2740 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 2741 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 2742 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age. 2743 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 2744 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 2745 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 2746 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older. 2747 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense. 2748 806.01(2) 2nd Maliciously damage structure by fire or explosive. 2749 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 2750 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 2751 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 2752 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 2753 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft. 2754 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 2755 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 2756 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 2757 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 2758 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 2759 812.131(2)(a) 2nd Robbery by sudden snatching. 2760 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 2761 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 2762 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 2763 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 2764 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 2765 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. 2766 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 2767 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 2768 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000. 2769 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 2770 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 2771 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 2772 838.015 2nd Bribery. 2773 838.016 2nd Unlawful compensation or reward for official behavior. 2774 838.021(3)(a) 2nd Unlawful harm to a public servant. 2775 838.22 2nd Bid tampering. 2776 843.0855(2) 3rd Impersonation of a public officer or employee. 2777 843.0855(3) 3rd Unlawful simulation of legal process. 2778 843.0855(4) 3rd Intimidation of a public officer or employee. 2779 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 2780 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 2781 872.06 2nd Abuse of a dead human body. 2782 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 2783 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 2784 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. 2785 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site. 2786 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substancecocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). 2787 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 2788 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams. 2789 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams. 2790 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams. 2791 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams. 2792 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams. 2793 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams. 2794 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams. 2795 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. 2796 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams. 2797 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. 2798 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 2799 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. 2800 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 2801 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 2802 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 2803 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 2804 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 2805 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 2806 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 2807 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 2808 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 2809 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 2810 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 2811 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 2812 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 2813 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 2814 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 2815 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 2816 2817 (h) LEVEL 8 2818 2819 FloridaStatute FelonyDegree Description 2820 316.193 (3)(c)3.a. 2nd DUI manslaughter. 2821 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death. 2822 327.35(3)(c)3. 2nd Vessel BUI manslaughter. 2823 499.0051(7) 1st Knowing trafficking in contraband prescription drugs. 2824 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels. 2825 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter. 2826 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000. 2827 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. 2828 777.03(2)(a) 1st Accessory after the fact, capital felony. 2829 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb. 2830 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). 2831 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information. 2832 782.072(2) 1st Committing vessel homicide and failing to render aid or give information. 2833 787.06(3)(a)1. 1st Human trafficking for labor and services of a child. 2834 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult. 2835 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult. 2836 787.06(3)(e)1. 1st Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state. 2837 787.06(3)(f)2. 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state. 2838 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage. 2839 794.011(5)(a) 1st Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury. 2840 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury. 2841 794.011(5)(c) 2nd Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury. 2842 794.011(5)(d) 1st Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense. 2843 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state. 2844 800.04(4)(b) 2nd Lewd or lascivious battery. 2845 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense. 2846 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure. 2847 810.02(2)(a) 1st,PBL Burglary with assault or battery. 2848 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon. 2849 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. 2850 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. 2851 812.13(2)(b) 1st Robbery with a weapon. 2852 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon. 2853 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense. 2854 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee. 2855 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision. 2856 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument. 2857 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18. 2858 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult. 2859 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult. 2860 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more. 2861 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony. 2862 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony. 2863 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. 2864 860.16 1st Aircraft piracy. 2865 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 2866 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 2867 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 2868 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. 2869 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams. 2870 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams. 2871 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 50 grams or more, less than 200 grams. 2872 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams. 2873 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams. 2874 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms. 2875 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams. 2876 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. 2877 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. 2878 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms. 2879 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. 2880 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there. 2881 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity. 2882 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. 2883 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity. 2884 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. 2885 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000. 2886 2887 2888 Section 11. For the purpose of incorporating the amendment 2889 made by this act to section 893.03, Florida Statutes, in 2890 references thereto, paragraphs (a) and (g) of subsection (30) of 2891 section 39.01, Florida Statutes, are reenacted to read: 2892 39.01 Definitions.—When used in this chapter, unless the 2893 context otherwise requires: 2894 (30) “Harm” to a child’s health or welfare can occur when 2895 any person: 2896 (a) Inflicts or allows to be inflicted upon the child 2897 physical, mental, or emotional injury. In determining whether 2898 harm has occurred, the following factors must be considered in 2899 evaluating any physical, mental, or emotional injury to a child: 2900 the age of the child; any prior history of injuries to the 2901 child; the location of the injury on the body of the child; the 2902 multiplicity of the injury; and the type of trauma inflicted. 2903 Such injury includes, but is not limited to: 2904 1. Willful acts that produce the following specific 2905 injuries: 2906 a. Sprains, dislocations, or cartilage damage. 2907 b. Bone or skull fractures. 2908 c. Brain or spinal cord damage. 2909 d. Intracranial hemorrhage or injury to other internal 2910 organs. 2911 e. Asphyxiation, suffocation, or drowning. 2912 f. Injury resulting from the use of a deadly weapon. 2913 g. Burns or scalding. 2914 h. Cuts, lacerations, punctures, or bites. 2915 i. Permanent or temporary disfigurement. 2916 j. Permanent or temporary loss or impairment of a body part 2917 or function. 2918 2919 As used in this subparagraph, the term “willful” refers to the 2920 intent to perform an action, not to the intent to achieve a 2921 result or to cause an injury. 2922 2. Purposely giving a child poison, alcohol, drugs, or 2923 other substances that substantially affect the child’s behavior, 2924 motor coordination, or judgment or that result in sickness or 2925 internal injury. For the purposes of this subparagraph, the term 2926 “drugs” means prescription drugs not prescribed for the child or 2927 not administered as prescribed, and controlled substances as 2928 outlined in Schedule I or Schedule II of s. 893.03. 2929 3. Leaving a child without adult supervision or arrangement 2930 appropriate for the child’s age or mental or physical condition, 2931 so that the child is unable to care for the child’s own needs or 2932 another’s basic needs or is unable to exercise good judgment in 2933 responding to any kind of physical or emotional crisis. 2934 4. Inappropriate or excessively harsh disciplinary action 2935 that is likely to result in physical injury, mental injury as 2936 defined in this section, or emotional injury. The significance 2937 of any injury must be evaluated in light of the following 2938 factors: the age of the child; any prior history of injuries to 2939 the child; the location of the injury on the body of the child; 2940 the multiplicity of the injury; and the type of trauma 2941 inflicted. Corporal discipline may be considered excessive or 2942 abusive when it results in any of the following or other similar 2943 injuries: 2944 a. Sprains, dislocations, or cartilage damage. 2945 b. Bone or skull fractures. 2946 c. Brain or spinal cord damage. 2947 d. Intracranial hemorrhage or injury to other internal 2948 organs. 2949 e. Asphyxiation, suffocation, or drowning. 2950 f. Injury resulting from the use of a deadly weapon. 2951 g. Burns or scalding. 2952 h. Cuts, lacerations, punctures, or bites. 2953 i. Permanent or temporary disfigurement. 2954 j. Permanent or temporary loss or impairment of a body part 2955 or function. 2956 k. Significant bruises or welts. 2957 (g) Exposes a child to a controlled substance or alcohol. 2958 Exposure to a controlled substance or alcohol is established by: 2959 1. A test, administered at birth, which indicated that the 2960 child’s blood, urine, or meconium contained any amount of 2961 alcohol or a controlled substance or metabolites of such 2962 substances, the presence of which was not the result of medical 2963 treatment administered to the mother or the newborn infant; or 2964 2. Evidence of extensive, abusive, and chronic use of a 2965 controlled substance or alcohol by a parent when the child is 2966 demonstrably adversely affected by such usage. 2967 2968 As used in this paragraph, the term “controlled substance” means 2969 prescription drugs not prescribed for the parent or not 2970 administered as prescribed and controlled substances as outlined 2971 in Schedule I or Schedule II of s. 893.03. 2972 Section 12. For the purpose of incorporating the amendment 2973 made by this act to section 893.03, Florida Statutes, in a 2974 reference thereto, subsection (5) of section 316.193, Florida 2975 Statutes, is reenacted to read: 2976 316.193 Driving under the influence; penalties.— 2977 (5) The court shall place all offenders convicted of 2978 violating this section on monthly reporting probation and shall 2979 require completion of a substance abuse course conducted by a 2980 DUI program licensed by the department under s. 322.292, which 2981 must include a psychosocial evaluation of the offender. If the 2982 DUI program refers the offender to an authorized substance abuse 2983 treatment provider for substance abuse treatment, in addition to 2984 any sentence or fine imposed under this section, completion of 2985 all such education, evaluation, and treatment is a condition of 2986 reporting probation. The offender shall assume reasonable costs 2987 for such education, evaluation, and treatment. The referral to 2988 treatment resulting from a psychosocial evaluation shall not be 2989 waived without a supporting independent psychosocial evaluation 2990 conducted by an authorized substance abuse treatment provider 2991 appointed by the court, which shall have access to the DUI 2992 program’s psychosocial evaluation before the independent 2993 psychosocial evaluation is conducted. The court shall review the 2994 results and recommendations of both evaluations before 2995 determining the request for waiver. The offender shall bear the 2996 full cost of this procedure. The term “substance abuse” means 2997 the abuse of alcohol or any substance named or described in 2998 Schedules I through V of s. 893.03. If an offender referred to 2999 treatment under this subsection fails to report for or complete 3000 such treatment or fails to complete the DUI program substance 3001 abuse education course and evaluation, the DUI program shall 3002 notify the court and the department of the failure. Upon receipt 3003 of the notice, the department shall cancel the offender’s 3004 driving privilege, notwithstanding the terms of the court order 3005 or any suspension or revocation of the driving privilege. The 3006 department may temporarily reinstate the driving privilege on a 3007 restricted basis upon verification from the DUI program that the 3008 offender is currently participating in treatment and the DUI 3009 education course and evaluation requirement has been completed. 3010 If the DUI program notifies the department of the second failure 3011 to complete treatment, the department shall reinstate the 3012 driving privilege only after notice of completion of treatment 3013 from the DUI program. The organization that conducts the 3014 substance abuse education and evaluation may not provide 3015 required substance abuse treatment unless a waiver has been 3016 granted to that organization by the department. A waiver may be 3017 granted only if the department determines, in accordance with 3018 its rules, that the service provider that conducts the substance 3019 abuse education and evaluation is the most appropriate service 3020 provider and is licensed under chapter 397 or is exempt from 3021 such licensure. A statistical referral report shall be submitted 3022 quarterly to the department by each organization authorized to 3023 provide services under this section. 3024 Section 13. For the purpose of incorporating the amendment 3025 made by this act to section 893.03, Florida Statutes, in a 3026 reference thereto, paragraph (c) of subsection (2) of section 3027 322.2616, Florida Statutes, is reenacted to read: 3028 322.2616 Suspension of license; persons under 21 years of 3029 age; right to review.— 3030 (2) 3031 (c) When a driver subject to this section has a blood 3032 alcohol or breath-alcohol level of 0.05 or higher, the 3033 suspension shall remain in effect until such time as the driver 3034 has completed a substance abuse course offered by a DUI program 3035 licensed by the department. The driver shall assume the 3036 reasonable costs for the substance abuse course. As part of the 3037 substance abuse course, the program shall conduct a substance 3038 abuse evaluation of the driver, and notify the parents or legal 3039 guardians of drivers under the age of 19 years of the results of 3040 the evaluation. The term “substance abuse” means the abuse of 3041 alcohol or any substance named or described in Schedules I 3042 through V of s. 893.03. If a driver fails to complete the 3043 substance abuse education course and evaluation, the driver 3044 license shall not be reinstated by the department. 3045 Section 14. For the purpose of incorporating the amendment 3046 made by this act to section 893.03, Florida Statutes, in a 3047 reference thereto, subsection (5) of section 327.35, Florida 3048 Statutes, is reenacted to read: 3049 327.35 Boating under the influence; penalties; “designated 3050 drivers.”— 3051 (5) In addition to any sentence or fine, the court shall 3052 place any offender convicted of violating this section on 3053 monthly reporting probation and shall require attendance at a 3054 substance abuse course specified by the court; and the agency 3055 conducting the course may refer the offender to an authorized 3056 service provider for substance abuse evaluation and treatment, 3057 in addition to any sentence or fine imposed under this section. 3058 The offender shall assume reasonable costs for such education, 3059 evaluation, and treatment, with completion of all such 3060 education, evaluation, and treatment being a condition of 3061 reporting probation. Treatment resulting from a psychosocial 3062 evaluation may not be waived without a supporting psychosocial 3063 evaluation conducted by an agency appointed by the court and 3064 with access to the original evaluation. The offender shall bear 3065 the cost of this procedure. The term “substance abuse” means the 3066 abuse of alcohol or any substance named or described in 3067 Schedules I-V of s. 893.03. 3068 Section 15. For the purpose of incorporating the amendment 3069 made by this act to section 893.03, Florida Statutes, in a 3070 reference thereto, paragraph (b) of subsection (11) of section 3071 440.102, Florida Statutes, is reenacted to read: 3072 440.102 Drug-free workplace program requirements.—The 3073 following provisions apply to a drug-free workplace program 3074 implemented pursuant to law or to rules adopted by the Agency 3075 for Health Care Administration: 3076 (11) PUBLIC EMPLOYEES IN MANDATORY-TESTING OR SPECIAL-RISK 3077 POSITIONS.— 3078 (b) An employee who is employed by a public employer in a 3079 special-risk position may be discharged or disciplined by a 3080 public employer for the first positive confirmed test result if 3081 the drug confirmed is an illicit drug under s. 893.03. A 3082 special-risk employee who is participating in an employee 3083 assistance program or drug rehabilitation program may not be 3084 allowed to continue to work in any special-risk or mandatory 3085 testing position of the public employer, but may be assigned to 3086 a position other than a mandatory-testing position or placed on 3087 leave while the employee is participating in the program. 3088 However, the employee shall be permitted to use any accumulated 3089 annual leave credits before leave may be ordered without pay. 3090 Section 16. For the purpose of incorporating the amendment 3091 made by this act to section 893.03, Florida Statutes, in a 3092 reference thereto, subsection (2) of section 456.44, Florida 3093 Statutes, is reenacted to read: 3094 456.44 Controlled substance prescribing.— 3095 (2) REGISTRATION.—Effective January 1, 2012, a physician 3096 licensed under chapter 458, chapter 459, chapter 461, or chapter 3097 466 who prescribes any controlled substance, listed in Schedule 3098 II, Schedule III, or Schedule IV as defined in s. 893.03, for 3099 the treatment of chronic nonmalignant pain, must: 3100 (a) Designate himself or herself as a controlled substance 3101 prescribing practitioner on the physician’s practitioner 3102 profile. 3103 (b) Comply with the requirements of this section and 3104 applicable board rules. 3105 Section 17. For the purpose of incorporating the amendment 3106 made by this act to section 893.03, Florida Statutes, in a 3107 reference thereto, subsection (3) of section 458.326, Florida 3108 Statutes, is reenacted to read: 3109 458.326 Intractable pain; authorized treatment.— 3110 (3) Notwithstanding any other provision of law, a physician 3111 may prescribe or administer any controlled substance under 3112 Schedules II-V, as provided for in s. 893.03, to a person for 3113 the treatment of intractable pain, provided the physician does 3114 so in accordance with that level of care, skill, and treatment 3115 recognized by a reasonably prudent physician under similar 3116 conditions and circumstances. 3117 Section 18. For the purpose of incorporating the amendment 3118 made by this act to section 893.03, Florida Statutes, in a 3119 reference thereto, paragraph (e) of subsection (1) of section 3120 458.3265, Florida Statutes, is reenacted to read: 3121 458.3265 Pain-management clinics.— 3122 (1) REGISTRATION.— 3123 (e) The department shall deny registration to any pain 3124 management clinic owned by or with any contractual or employment 3125 relationship with a physician: 3126 1. Whose Drug Enforcement Administration number has ever 3127 been revoked. 3128 2. Whose application for a license to prescribe, dispense, 3129 or administer a controlled substance has been denied by any 3130 jurisdiction. 3131 3. Who has been convicted of or pleaded guilty or nolo 3132 contendere to, regardless of adjudication, an offense that 3133 constitutes a felony for receipt of illicit and diverted drugs, 3134 including a controlled substance listed in Schedule I, Schedule 3135 II, Schedule III, Schedule IV, or Schedule V of s. 893.03, in 3136 this state, any other state, or the United States. 3137 Section 19. For the purpose of incorporating the amendment 3138 made by this act to section 893.03, Florida Statutes, in a 3139 reference thereto, paragraph (e) of subsection (1) of section 3140 459.0137, Florida Statutes, is reenacted to read: 3141 459.0137 Pain-management clinics.— 3142 (1) REGISTRATION.— 3143 (e) The department shall deny registration to any pain 3144 management clinic owned by or with any contractual or employment 3145 relationship with a physician: 3146 1. Whose Drug Enforcement Administration number has ever 3147 been revoked. 3148 2. Whose application for a license to prescribe, dispense, 3149 or administer a controlled substance has been denied by any 3150 jurisdiction. 3151 3. Who has been convicted of or pleaded guilty or nolo 3152 contendere to, regardless of adjudication, an offense that 3153 constitutes a felony for receipt of illicit and diverted drugs, 3154 including a controlled substance listed in Schedule I, Schedule 3155 II, Schedule III, Schedule IV, or Schedule V of s. 893.03, in 3156 this state, any other state, or the United States. 3157 Section 20. For the purpose of incorporating the amendment 3158 made by this act to section 893.03, Florida Statutes, in a 3159 reference thereto, paragraph (a) of subsection (4) of section 3160 463.0055, Florida Statutes, is reenacted to read: 3161 463.0055 Administration and prescription of ocular 3162 pharmaceutical agents.— 3163 (4) A certified optometrist shall be issued a prescriber 3164 number by the board. Any prescription written by a certified 3165 optometrist for an ocular pharmaceutical agent pursuant to this 3166 section shall have the prescriber number printed thereon. A 3167 certified optometrist may not administer or prescribe: 3168 (a) A controlled substance listed in Schedule III, Schedule 3169 IV, or Schedule V of s. 893.03, except for an oral analgesic 3170 placed on the formulary pursuant to this section for the relief 3171 of pain due to ocular conditions of the eye and its appendages. 3172 Section 21. For the purpose of incorporating the amendment 3173 made by this act to section 893.03, Florida Statutes, in a 3174 reference thereto, paragraph (b) of subsection (1) of section 3175 465.0276, Florida Statutes, is reenacted to read: 3176 465.0276 Dispensing practitioner.— 3177 (1) 3178 (b) A practitioner registered under this section may not 3179 dispense a controlled substance listed in Schedule II or 3180 Schedule III as provided in s. 893.03. This paragraph does not 3181 apply to: 3182 1. The dispensing of complimentary packages of medicinal 3183 drugs which are labeled as a drug sample or complimentary drug 3184 as defined in s. 499.028 to the practitioner’s own patients in 3185 the regular course of her or his practice without the payment of 3186 a fee or remuneration of any kind, whether direct or indirect, 3187 as provided in subsection (5). 3188 2. The dispensing of controlled substances in the health 3189 care system of the Department of Corrections. 3190 3. The dispensing of a controlled substance listed in 3191 Schedule II or Schedule III in connection with the performance 3192 of a surgical procedure. The amount dispensed pursuant to the 3193 subparagraph may not exceed a 14-day supply. This exception does 3194 not allow for the dispensing of a controlled substance listed in 3195 Schedule II or Schedule III more than 14 days after the 3196 performance of the surgical procedure. For purposes of this 3197 subparagraph, the term “surgical procedure” means any procedure 3198 in any setting which involves, or reasonably should involve: 3199 a. Perioperative medication and sedation that allows the 3200 patient to tolerate unpleasant procedures while maintaining 3201 adequate cardiorespiratory function and the ability to respond 3202 purposefully to verbal or tactile stimulation and makes intra- 3203 and postoperative monitoring necessary; or 3204 b. The use of general anesthesia or major conduction 3205 anesthesia and preoperative sedation. 3206 4. The dispensing of a controlled substance listed in 3207 Schedule II or Schedule III pursuant to an approved clinical 3208 trial. For purposes of this subparagraph, the term “approved 3209 clinical trial” means a clinical research study or clinical 3210 investigation that, in whole or in part, is state or federally 3211 funded or is conducted under an investigational new drug 3212 application that is reviewed by the United States Food and Drug 3213 Administration. 3214 5. The dispensing of methadone in a facility licensed under 3215 s. 397.427 where medication-assisted treatment for opiate 3216 addiction is provided. 3217 6. The dispensing of a controlled substance listed in 3218 Schedule II or Schedule III to a patient of a facility licensed 3219 under part IV of chapter 400. 3220 Section 22. For the purpose of incorporating the amendment 3221 made by this act to section 893.03, Florida Statutes, in 3222 references thereto, subsection (14) and paragraph (a) of 3223 subsection (15) of section 499.0121, Florida Statutes, are 3224 reenacted to read: 3225 499.0121 Storage and handling of prescription drugs; 3226 recordkeeping.—The department shall adopt rules to implement 3227 this section as necessary to protect the public health, safety, 3228 and welfare. Such rules shall include, but not be limited to, 3229 requirements for the storage and handling of prescription drugs 3230 and for the establishment and maintenance of prescription drug 3231 distribution records. 3232 (14) DISTRIBUTION REPORTING.—Each prescription drug 3233 wholesale distributor, out-of-state prescription drug wholesale 3234 distributor, retail pharmacy drug wholesale distributor, 3235 manufacturer, or repackager that engages in the wholesale 3236 distribution of controlled substances as defined in s. 893.02 3237 shall submit a report to the department of its receipts and 3238 distributions of controlled substances listed in Schedule II, 3239 Schedule III, Schedule IV, or Schedule V as provided in s. 3240 893.03. Wholesale distributor facilities located within this 3241 state shall report all transactions involving controlled 3242 substances, and wholesale distributor facilities located outside 3243 this state shall report all distributions to entities located in 3244 this state. If the prescription drug wholesale distributor, out 3245 of-state prescription drug wholesale distributor, retail 3246 pharmacy drug wholesale distributor, manufacturer, or repackager 3247 does not have any controlled substance distributions for the 3248 month, a report shall be sent indicating that no distributions 3249 occurred in the period. The report shall be submitted monthly by 3250 the 20th of the next month, in the electronic format used for 3251 controlled substance reporting to the Automation of Reports and 3252 Consolidated Orders System division of the federal Drug 3253 Enforcement Administration. Submission of electronic data must 3254 be made in a secured Internet environment that allows for manual 3255 or automated transmission. Upon successful transmission, an 3256 acknowledgment page must be displayed to confirm receipt. The 3257 report must contain the following information: 3258 (a) The federal Drug Enforcement Administration 3259 registration number of the wholesale distributing location. 3260 (b) The federal Drug Enforcement Administration 3261 registration number of the entity to which the drugs are 3262 distributed or from which the drugs are received. 3263 (c) The transaction code that indicates the type of 3264 transaction. 3265 (d) The National Drug Code identifier of the product and 3266 the quantity distributed or received. 3267 (e) The Drug Enforcement Administration Form 222 number or 3268 Controlled Substance Ordering System Identifier on all Schedule 3269 II transactions. 3270 (f) The date of the transaction. 3271 3272 The department must share the reported data with the Department 3273 of Law Enforcement and local law enforcement agencies upon 3274 request and must monitor purchasing to identify purchasing 3275 levels that are inconsistent with the purchasing entity’s 3276 clinical needs. The Department of Law Enforcement shall 3277 investigate purchases at levels that are inconsistent with the 3278 purchasing entity’s clinical needs to determine whether 3279 violations of chapter 893 have occurred. 3280 (15) DUE DILIGENCE OF PURCHASERS.— 3281 (a) Each prescription drug wholesale distributor, out-of 3282 state prescription drug wholesale distributor, and retail 3283 pharmacy drug wholesale distributor must establish and maintain 3284 policies and procedures to credential physicians licensed under 3285 chapter 458, chapter 459, chapter 461, or chapter 466 and 3286 pharmacies that purchase or otherwise receive from the wholesale 3287 distributor controlled substances listed in Schedule II or 3288 Schedule III as provided in s. 893.03. The prescription drug 3289 wholesale distributor, out-of-state prescription drug wholesale 3290 distributor, or retail pharmacy drug wholesale distributor shall 3291 maintain records of such credentialing and make the records 3292 available to the department upon request. Such credentialing 3293 must, at a minimum, include: 3294 1. A determination of the clinical nature of the receiving 3295 entity, including any specialty practice area. 3296 2. A review of the receiving entity’s history of Schedule 3297 II and Schedule III controlled substance purchasing from the 3298 wholesale distributor. 3299 3. A determination that the receiving entity’s Schedule II 3300 and Schedule III controlled substance purchasing history, if 3301 any, is consistent with and reasonable for that entity’s 3302 clinical business needs. 3303 Section 23. For the purpose of incorporating the amendment 3304 made by this act to section 893.03, Florida Statutes, in a 3305 reference thereto, paragraph (a) of subsection (3) of section 3306 499.029, Florida Statutes, is reenacted to read: 3307 499.029 Cancer Drug Donation Program.— 3308 (3) As used in this section: 3309 (a) “Cancer drug” means a prescription drug that has been 3310 approved under s. 505 of the federal Food, Drug, and Cosmetic 3311 Act and is used to treat cancer or its side effects or is used 3312 to treat the side effects of a prescription drug used to treat 3313 cancer or its side effects. “Cancer drug” does not include a 3314 substance listed in Schedule II, Schedule III, Schedule IV, or 3315 Schedule V of s. 893.03. 3316 Section 24. For the purpose of incorporating the amendment 3317 made by this act to section 893.03, Florida Statutes, in 3318 references thereto, subsections (1) and (4) of section 782.04, 3319 Florida Statutes, are reenacted to read: 3320 782.04 Murder.— 3321 (1)(a) The unlawful killing of a human being: 3322 1. When perpetrated from a premeditated design to effect 3323 the death of the person killed or any human being; 3324 2. When committed by a person engaged in the perpetration 3325 of, or in the attempt to perpetrate, any: 3326 a. Trafficking offense prohibited by s. 893.135(1), 3327 b. Arson, 3328 c. Sexual battery, 3329 d. Robbery, 3330 e. Burglary, 3331 f. Kidnapping, 3332 g. Escape, 3333 h. Aggravated child abuse, 3334 i. Aggravated abuse of an elderly person or disabled adult, 3335 j. Aircraft piracy, 3336 k. Unlawful throwing, placing, or discharging of a 3337 destructive device or bomb, 3338 l. Carjacking, 3339 m. Home-invasion robbery, 3340 n. Aggravated stalking, 3341 o. Murder of another human being, 3342 p. Resisting an officer with violence to his or her person, 3343 q. Aggravated fleeing or eluding with serious bodily injury 3344 or death, 3345 r. Felony that is an act of terrorism or is in furtherance 3346 of an act of terrorism; or 3347 3. Which resulted from the unlawful distribution of any 3348 substance controlled under s. 893.03(1), cocaine as described in 3349 s. 893.03(2)(a)4., opium or any synthetic or natural salt, 3350 compound, derivative, or preparation of opium, or methadone by a 3351 person 18 years of age or older, when such drug is proven to be 3352 the proximate cause of the death of the user, 3353 3354 is murder in the first degree and constitutes a capital felony, 3355 punishable as provided in s. 775.082. 3356 (b) In all cases under this section, the procedure set 3357 forth in s. 921.141 shall be followed in order to determine 3358 sentence of death or life imprisonment. 3359 (4) The unlawful killing of a human being, when perpetrated 3360 without any design to effect death, by a person engaged in the 3361 perpetration of, or in the attempt to perpetrate, any felony 3362 other than any: 3363 (a) Trafficking offense prohibited by s. 893.135(1), 3364 (b) Arson, 3365 (c) Sexual battery, 3366 (d) Robbery, 3367 (e) Burglary, 3368 (f) Kidnapping, 3369 (g) Escape, 3370 (h) Aggravated child abuse, 3371 (i) Aggravated abuse of an elderly person or disabled 3372 adult, 3373 (j) Aircraft piracy, 3374 (k) Unlawful throwing, placing, or discharging of a 3375 destructive device or bomb, 3376 (l) Unlawful distribution of any substance controlled under 3377 s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or 3378 opium or any synthetic or natural salt, compound, derivative, or 3379 preparation of opium by a person 18 years of age or older, when 3380 such drug is proven to be the proximate cause of the death of 3381 the user, 3382 (m) Carjacking, 3383 (n) Home-invasion robbery, 3384 (o) Aggravated stalking, 3385 (p) Murder of another human being, 3386 (q) Aggravated fleeing or eluding with serious bodily 3387 injury or death, 3388 (r) Resisting an officer with violence to his or her 3389 person, or 3390 (s) Felony that is an act of terrorism or is in furtherance 3391 of an act of terrorism, 3392 3393 is murder in the third degree and constitutes a felony of the 3394 second degree, punishable as provided in s. 775.082, s. 775.083, 3395 or s. 775.084. 3396 Section 25. For the purpose of incorporating the amendment 3397 made by this act to section 893.03, Florida Statutes, in a 3398 reference thereto, paragraph (a) of subsection (2) of section 3399 787.06, Florida Statutes, is reenacted to read: 3400 787.06 Human trafficking.— 3401 (2) As used in this section, the term: 3402 (a) “Coercion” means: 3403 1. Using or threatening to use physical force against any 3404 person; 3405 2. Restraining, isolating, or confining or threatening to 3406 restrain, isolate, or confine any person without lawful 3407 authority and against her or his will; 3408 3. Using lending or other credit methods to establish a 3409 debt by any person when labor or services are pledged as a 3410 security for the debt, if the value of the labor or services as 3411 reasonably assessed is not applied toward the liquidation of the 3412 debt, the length and nature of the labor or services are not 3413 respectively limited and defined; 3414 4. Destroying, concealing, removing, confiscating, 3415 withholding, or possessing any actual or purported passport, 3416 visa, or other immigration document, or any other actual or 3417 purported government identification document, of any person; 3418 5. Causing or threatening to cause financial harm to any 3419 person; 3420 6. Enticing or luring any person by fraud or deceit; or 3421 7. Providing a controlled substance as outlined in Schedule 3422 I or Schedule II of s. 893.03 to any person for the purpose of 3423 exploitation of that person. 3424 Section 26. For the purpose of incorporating the amendment 3425 made by this act to section 893.03, Florida Statutes, in a 3426 reference thereto, subsection (1) of section 817.563, Florida 3427 Statutes, is reenacted to read: 3428 817.563 Controlled substance named or described in s. 3429 893.03; sale of substance in lieu thereof.—It is unlawful for 3430 any person to agree, consent, or in any manner offer to 3431 unlawfully sell to any person a controlled substance named or 3432 described in s. 893.03 and then sell to such person any other 3433 substance in lieu of such controlled substance. Any person who 3434 violates this section with respect to: 3435 (1) A controlled substance named or described in s. 3436 893.03(1), (2), (3), or (4) is guilty of a felony of the third 3437 degree, punishable as provided in s. 775.082, s. 775.083, or s. 3438 775.084. 3439 Section 27. For the purpose of incorporating the amendment 3440 made by this act to section 893.03, Florida Statutes, in a 3441 reference thereto, section 831.31, Florida Statutes, is 3442 reenacted to read: 3443 831.31 Counterfeit controlled substance; sale, manufacture, 3444 delivery, or possession with intent to sell, manufacture, or 3445 deliver.— 3446 (1) It is unlawful for any person to sell, manufacture, or 3447 deliver, or to possess with intent to sell, manufacture, or 3448 deliver, a counterfeit controlled substance. Any person who 3449 violates this subsection with respect to: 3450 (a) A controlled substance named or described in s. 3451 893.03(1), (2), (3), or (4) is guilty of a felony of the third 3452 degree, punishable as provided in s. 775.082, s. 775.083, or s. 3453 775.084. 3454 (b) A controlled substance named or described in s. 3455 893.03(5) is guilty of a misdemeanor of the second degree, 3456 punishable as provided in s. 775.082 or s. 775.083. 3457 (2) For purposes of this section, “counterfeit controlled 3458 substance” means: 3459 (a) A controlled substance named or described in s. 893.03 3460 which, or the container or labeling of which, without 3461 authorization bears the trademark, trade name, or other 3462 identifying mark, imprint, or number, or any likeness thereof, 3463 of a manufacturer other than the person who in fact manufactured 3464 the controlled substance; or 3465 (b) Any substance which is falsely identified as a 3466 controlled substance named or described in s. 893.03. 3467 Section 28. For the purpose of incorporating the amendment 3468 made by this act to section 893.03, Florida Statutes, in a 3469 reference thereto, section 893.0301, Florida Statutes, is 3470 reenacted to read: 3471 893.0301 Death resulting from apparent drug overdose; 3472 reporting requirements.—If a person dies of an apparent drug 3473 overdose: 3474 (1) A law enforcement agency shall prepare a report 3475 identifying each prescribed controlled substance listed in 3476 Schedule II, Schedule III, or Schedule IV of s. 893.03 which is 3477 found on or near the deceased or among the deceased’s 3478 possessions. The report must identify the person who prescribed 3479 the controlled substance, if known or ascertainable. Thereafter, 3480 the law enforcement agency shall submit a copy of the report to 3481 the medical examiner. 3482 (2) A medical examiner who is preparing a report pursuant 3483 to s. 406.11 shall include in the report information identifying 3484 each prescribed controlled substance listed in Schedule II, 3485 Schedule III, or Schedule IV of s. 893.03 that was found in, on, 3486 or near the deceased or among the deceased’s possessions. 3487 Section 29. For the purpose of incorporating the amendment 3488 made by this act to section 893.03, Florida Statutes, in a 3489 reference thereto, paragraph (a) of subsection (7) of section 3490 893.035, Florida Statutes, is reenacted to read: 3491 893.035 Control of new substances; findings of fact; 3492 delegation of authority to Attorney General to control 3493 substances by rule.— 3494 (7)(a) If the Attorney General finds that the scheduling of 3495 a substance in Schedule I of s. 893.03 on a temporary basis is 3496 necessary to avoid an imminent hazard to the public safety, he 3497 or she may by rule and without regard to the requirements of 3498 subsection (5) relating to the Department of Health and the 3499 Department of Law Enforcement schedule such substance in 3500 Schedule I if the substance is not listed in any other schedule 3501 of s. 893.03. The Attorney General shall be required to 3502 consider, with respect to his or her finding of imminent hazard 3503 to the public safety, only those factors set forth in paragraphs 3504 (3)(a) and (4)(d), (e), and (f), including actual abuse, 3505 diversion from legitimate channels, and clandestine importation, 3506 manufacture, or distribution. 3507 Section 30. For the purpose of incorporating the amendment 3508 made by this act to section 893.03, Florida Statutes, in a 3509 reference thereto, subsection (1) of section 893.05, Florida 3510 Statutes, is reenacted to read: 3511 893.05 Practitioners and persons administering controlled 3512 substances in their absence.— 3513 (1) A practitioner, in good faith and in the course of his 3514 or her professional practice only, may prescribe, administer, 3515 dispense, mix, or otherwise prepare a controlled substance, or 3516 the practitioner may cause the same to be administered by a 3517 licensed nurse or an intern practitioner under his or her 3518 direction and supervision only. A veterinarian may so prescribe, 3519 administer, dispense, mix, or prepare a controlled substance for 3520 use on animals only, and may cause it to be administered by an 3521 assistant or orderly under the veterinarian’s direction and 3522 supervision only. A certified optometrist licensed under chapter 3523 463 may not administer or prescribe a controlled substance 3524 listed in Schedule I or Schedule II of s. 893.03. 3525 Section 31. For the purpose of incorporating the amendment 3526 made by this act to section 893.03, Florida Statutes, in a 3527 reference thereto, paragraph (b) of subsection (1) of section 3528 893.055, Florida Statutes, is reenacted to read: 3529 893.055 Prescription drug monitoring program.— 3530 (1) As used in this section, the term: 3531 (b) “Controlled substance” means a controlled substance 3532 listed in Schedule II, Schedule III, or Schedule IV in s. 3533 893.03. 3534 Section 32. For the purpose of incorporating the amendment 3535 made by this act to section 893.03, Florida Statutes, in a 3536 reference thereto, paragraph (b) of subsection (5) of section 3537 893.07, Florida Statutes, is reenacted to read: 3538 893.07 Records.— 3539 (5) Each person described in subsection (1) shall: 3540 (b) In the event of the discovery of the theft or 3541 significant loss of controlled substances, report such theft or 3542 significant loss to the sheriff of that county within 24 hours 3543 after discovery. A person who fails to report a theft or 3544 significant loss of a substance listed in s. 893.03(3), (4), or 3545 (5) within 24 hours after discovery as required in this 3546 paragraph commits a misdemeanor of the second degree, punishable 3547 as provided in s. 775.082 or s. 775.083. A person who fails to 3548 report a theft or significant loss of a substance listed in s. 3549 893.03(2) within 24 hours after discovery as required in this 3550 paragraph commits a misdemeanor of the first degree, punishable 3551 as provided in s. 775.082 or s. 775.083. 3552 Section 33. For the purpose of incorporating the amendment 3553 made by this act to section 893.03, Florida Statutes, in 3554 references thereto, paragraphs (b), (c), and (d) of subsection 3555 (2) of section 893.12, Florida Statutes, are reenacted to read: 3556 893.12 Contraband; seizure, forfeiture, sale.— 3557 (2) 3558 (b) All real property, including any right, title, 3559 leasehold interest, and other interest in the whole of any lot 3560 or tract of land and any appurtenances or improvements, which 3561 real property is used, or intended to be used, in any manner or 3562 part, to commit or to facilitate the commission of, or which 3563 real property is acquired with proceeds obtained as a result of, 3564 a violation of any provision of this chapter related to a 3565 controlled substance described in s. 893.03(1) or (2) may be 3566 seized and forfeited as provided by the Florida Contraband 3567 Forfeiture Act except that no property shall be forfeited under 3568 this paragraph to the extent of an interest of an owner or 3569 lienholder by reason of any act or omission established by that 3570 owner or lienholder to have been committed or omitted without 3571 the knowledge or consent of that owner or lienholder. 3572 (c) All moneys, negotiable instruments, securities, and 3573 other things of value furnished or intended to be furnished by 3574 any person in exchange for a controlled substance described in 3575 s. 893.03(1) or (2) or a listed chemical in violation of any 3576 provision of this chapter, all proceeds traceable to such an 3577 exchange, and all moneys, negotiable instruments, and securities 3578 used or intended to be used to facilitate any violation of any 3579 provision of this chapter or which are acquired with proceeds 3580 obtained in violation of any provision of this chapter may be 3581 seized and forfeited as provided by the Florida Contraband 3582 Forfeiture Act, except that no property shall be forfeited under 3583 this paragraph to the extent of an interest of an owner or 3584 lienholder by reason of any act or omission established by that 3585 owner or lienholder to have been committed or omitted without 3586 the knowledge or consent of that owner or lienholder. 3587 (d) All books, records, and research, including formulas, 3588 microfilm, tapes, and data which are used, or intended for use, 3589 or which are acquired with proceeds obtained, in violation of 3590 any provision of this chapter related to a controlled substance 3591 described in s. 893.03(1) or (2) or a listed chemical may be 3592 seized and forfeited as provided by the Florida Contraband 3593 Forfeiture Act. 3594 Section 34. For the purpose of incorporating the amendment 3595 made by this act to section 893.03, Florida Statutes, in a 3596 reference thereto, subsection (2) of section 944.474, Florida 3597 Statutes, is reenacted to read: 3598 944.474 Legislative intent; employee wellness program; drug 3599 and alcohol testing.— 3600 (2) An employee of the department may not test positive for 3601 illegal use of controlled substances. An employee of the 3602 department may not be under the influence of alcohol while on 3603 duty. In order to ensure that these prohibitions are adhered to 3604 by all employees of the department and notwithstanding s. 3605 112.0455, the department may develop a program for the drug 3606 testing of all job applicants and for the random drug testing of 3607 all employees. The department may randomly evaluate employees 3608 for the contemporaneous use or influence of alcohol through the 3609 use of alcohol tests and observation methods. Notwithstanding s. 3610 112.0455, the department may develop a program for the 3611 reasonable suspicion drug testing of employees who are in 3612 mandatory-testing positions, as defined in s. 440.102(1)(o), or 3613 special risk positions, as defined in s. 112.0455(5), for the 3614 controlled substances listed in s. 893.03(3)(d). The reasonable 3615 suspicion drug testing authorized by this subsection shall be 3616 conducted in accordance with s. 112.0455, but may also include 3617 testing upon reasonable suspicion based on violent acts or 3618 violent behavior of an employee who is on or off duty. The 3619 department shall adopt rules pursuant to ss. 120.536(1) and 3620 120.54 that are necessary to administer this subsection. 3621 Section 35. For the purpose of incorporating the amendment 3622 made by this act to section 893.033, Florida Statutes, in a 3623 reference thereto, subsection (4) of section 893.149, Florida 3624 Statutes, is reenacted to read: 3625 893.149 Unlawful possession of listed chemical.— 3626 (4) Any damages arising out of the unlawful possession of, 3627 storage of, or tampering with a listed chemical, as defined in 3628 s. 893.033, shall be the sole responsibility of the person or 3629 persons unlawfully possessing, storing, or tampering with the 3630 listed chemical. In no case shall liability for damages arising 3631 out of the unlawful possession of, storage of, or tampering with 3632 a listed chemical extend to the lawful owner, installer, 3633 maintainer, designer, manufacturer, possessor, or seller of the 3634 listed chemical, unless such damages arise out of the acts or 3635 omissions of the owner, installer, maintainer, designer, 3636 manufacturer, possessor, or seller which constitute negligent 3637 misconduct or failure to abide by the laws regarding the 3638 possession or storage of a listed chemical. 3639 Section 36. For the purpose of incorporating the amendment 3640 made by this act to section 893.13, Florida Statutes, in a 3641 reference thereto, paragraph (b) of subsection (4) of section 3642 397.451, Florida Statutes, is reenacted to read: 3643 397.451 Background checks of service provider personnel.— 3644 (4) EXEMPTIONS FROM DISQUALIFICATION.— 3645 (b) Since rehabilitated substance abuse impaired persons 3646 are effective in the successful treatment and rehabilitation of 3647 substance abuse impaired adolescents, for service providers 3648 which treat adolescents 13 years of age and older, service 3649 provider personnel whose background checks indicate crimes under 3650 s. 817.563, s. 893.13, or s. 893.147 may be exempted from 3651 disqualification from employment pursuant to this paragraph. 3652 Section 37. For the purpose of incorporating the amendment 3653 made by this act to section 893.13, Florida Statutes, in a 3654 reference thereto, subsection (2) of section 435.07, Florida 3655 Statutes, is reenacted to read: 3656 435.07 Exemptions from disqualification.—Unless otherwise 3657 provided by law, the provisions of this section apply to 3658 exemptions from disqualification for disqualifying offenses 3659 revealed pursuant to background screenings required under this 3660 chapter, regardless of whether those disqualifying offenses are 3661 listed in this chapter or other laws. 3662 (2) Persons employed, or applicants for employment, by 3663 treatment providers who treat adolescents 13 years of age and 3664 older who are disqualified from employment solely because of 3665 crimes under s. 817.563, s. 893.13, or s. 893.147 may be 3666 exempted from disqualification from employment pursuant to this 3667 chapter without application of the waiting period in 3668 subparagraph (1)(a)1. 3669 Section 38. For the purpose of incorporating the amendment 3670 made by this act to section 893.13, Florida Statutes, in a 3671 reference thereto, subsection (2) of section 772.12, Florida 3672 Statutes, is reenacted to read: 3673 772.12 Drug Dealer Liability Act.— 3674 (2) A person, including any governmental entity, has a 3675 cause of action for threefold the actual damages sustained and 3676 is entitled to minimum damages in the amount of $1,000 and 3677 reasonable attorney’s fees and court costs in the trial and 3678 appellate courts, if the person proves by the greater weight of 3679 the evidence that: 3680 (a) The person was injured because of the defendant’s 3681 actions that resulted in the defendant’s conviction for: 3682 1. A violation of s. 893.13, except for a violation of s. 3683 893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or 3684 2. A violation of s. 893.135; and 3685 (b) The person was not injured by reason of his or her 3686 participation in the same act or transaction that resulted in 3687 the defendant’s conviction for any offense described in 3688 subparagraph (a)1. 3689 Section 39. For the purpose of incorporating the amendment 3690 made by this act to section 893.13, Florida Statutes, in a 3691 reference thereto, paragraph (a) of subsection (1) of section 3692 775.084, Florida Statutes, is reenacted to read: 3693 775.084 Violent career criminals; habitual felony offenders 3694 and habitual violent felony offenders; three-time violent felony 3695 offenders; definitions; procedure; enhanced penalties or 3696 mandatory minimum prison terms.— 3697 (1) As used in this act: 3698 (a) “Habitual felony offender” means a defendant for whom 3699 the court may impose an extended term of imprisonment, as 3700 provided in paragraph (4)(a), if it finds that: 3701 1. The defendant has previously been convicted of any 3702 combination of two or more felonies in this state or other 3703 qualified offenses. 3704 2. The felony for which the defendant is to be sentenced 3705 was committed: 3706 a. While the defendant was serving a prison sentence or 3707 other sentence, or court-ordered or lawfully imposed supervision 3708 that is imposed as a result of a prior conviction for a felony 3709 or other qualified offense; or 3710 b. Within 5 years of the date of the conviction of the 3711 defendant’s last prior felony or other qualified offense, or 3712 within 5 years of the defendant’s release from a prison 3713 sentence, probation, community control, control release, 3714 conditional release, parole or court-ordered or lawfully imposed 3715 supervision or other sentence that is imposed as a result of a 3716 prior conviction for a felony or other qualified offense, 3717 whichever is later. 3718 3. The felony for which the defendant is to be sentenced, 3719 and one of the two prior felony convictions, is not a violation 3720 of s. 893.13 relating to the purchase or the possession of a 3721 controlled substance. 3722 4. The defendant has not received a pardon for any felony 3723 or other qualified offense that is necessary for the operation 3724 of this paragraph. 3725 5. A conviction of a felony or other qualified offense 3726 necessary to the operation of this paragraph has not been set 3727 aside in any postconviction proceeding. 3728 Section 40. For the purpose of incorporating the amendment 3729 made by this act to section 893.13, Florida Statutes, in a 3730 reference thereto, subsection (3) of section 810.02, Florida 3731 Statutes, is reenacted to read: 3732 810.02 Burglary.— 3733 (3) Burglary is a felony of the second degree, punishable 3734 as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the 3735 course of committing the offense, the offender does not make an 3736 assault or battery and is not and does not become armed with a 3737 dangerous weapon or explosive, and the offender enters or 3738 remains in a: 3739 (a) Dwelling, and there is another person in the dwelling 3740 at the time the offender enters or remains; 3741 (b) Dwelling, and there is not another person in the 3742 dwelling at the time the offender enters or remains; 3743 (c) Structure, and there is another person in the structure 3744 at the time the offender enters or remains; 3745 (d) Conveyance, and there is another person in the 3746 conveyance at the time the offender enters or remains; 3747 (e) Authorized emergency vehicle, as defined in s. 316.003; 3748 or 3749 (f) Structure or conveyance when the offense intended to be 3750 committed therein is theft of a controlled substance as defined 3751 in s. 893.02. Notwithstanding any other law, separate judgments 3752 and sentences for burglary with the intent to commit theft of a 3753 controlled substance under this paragraph and for any applicable 3754 possession of controlled substance offense under s. 893.13 or 3755 trafficking in controlled substance offense under s. 893.135 may 3756 be imposed when all such offenses involve the same amount or 3757 amounts of a controlled substance. 3758 3759 However, if the burglary is committed within a county that is 3760 subject to a state of emergency declared by the Governor under 3761 chapter 252 after the declaration of emergency is made and the 3762 perpetration of the burglary is facilitated by conditions 3763 arising from the emergency, the burglary is a felony of the 3764 first degree, punishable as provided in s. 775.082, s. 775.083, 3765 or s. 775.084. As used in this subsection, the term “conditions 3766 arising from the emergency” means civil unrest, power outages, 3767 curfews, voluntary or mandatory evacuations, or a reduction in 3768 the presence of or response time for first responders or 3769 homeland security personnel. A person arrested for committing a 3770 burglary within a county that is subject to such a state of 3771 emergency may not be released until the person appears before a 3772 committing magistrate at a first appearance hearing. For 3773 purposes of sentencing under chapter 921, a felony offense that 3774 is reclassified under this subsection is ranked one level above 3775 the ranking under s. 921.0022 or s. 921.0023 of the offense 3776 committed. 3777 Section 41. For the purpose of incorporating the amendment 3778 made by this act to section 893.13, Florida Statutes, in a 3779 reference thereto, subsection (2) of section 812.014, Florida 3780 Statutes, is reenacted to read: 3781 812.014 Theft.— 3782 (2)(a)1. If the property stolen is valued at $100,000 or 3783 more or is a semitrailer that was deployed by a law enforcement 3784 officer; or 3785 2. If the property stolen is cargo valued at $50,000 or 3786 more that has entered the stream of interstate or intrastate 3787 commerce from the shipper’s loading platform to the consignee’s 3788 receiving dock; or 3789 3. If the offender commits any grand theft and: 3790 a. In the course of committing the offense the offender 3791 uses a motor vehicle as an instrumentality, other than merely as 3792 a getaway vehicle, to assist in committing the offense and 3793 thereby damages the real property of another; or 3794 b. In the course of committing the offense the offender 3795 causes damage to the real or personal property of another in 3796 excess of $1,000, 3797 3798 the offender commits grand theft in the first degree, punishable 3799 as a felony of the first degree, as provided in s. 775.082, s. 3800 775.083, or s. 775.084. 3801 (b)1. If the property stolen is valued at $20,000 or more, 3802 but less than $100,000; 3803 2. The property stolen is cargo valued at less than $50,000 3804 that has entered the stream of interstate or intrastate commerce 3805 from the shipper’s loading platform to the consignee’s receiving 3806 dock; 3807 3. The property stolen is emergency medical equipment, 3808 valued at $300 or more, that is taken from a facility licensed 3809 under chapter 395 or from an aircraft or vehicle permitted under 3810 chapter 401; or 3811 4. The property stolen is law enforcement equipment, valued 3812 at $300 or more, that is taken from an authorized emergency 3813 vehicle, as defined in s. 316.003, 3814 3815 the offender commits grand theft in the second degree, 3816 punishable as a felony of the second degree, as provided in s. 3817 775.082, s. 775.083, or s. 775.084. Emergency medical equipment 3818 means mechanical or electronic apparatus used to provide 3819 emergency services and care as defined in s. 395.002(9) or to 3820 treat medical emergencies. Law enforcement equipment means any 3821 property, device, or apparatus used by any law enforcement 3822 officer as defined in s. 943.10 in the officer’s official 3823 business. However, if the property is stolen within a county 3824 that is subject to a state of emergency declared by the Governor 3825 under chapter 252, the theft is committed after the declaration 3826 of emergency is made, and the perpetration of the theft is 3827 facilitated by conditions arising from the emergency, the theft 3828 is a felony of the first degree, punishable as provided in s. 3829 775.082, s. 775.083, or s. 775.084. As used in this paragraph, 3830 the term “conditions arising from the emergency” means civil 3831 unrest, power outages, curfews, voluntary or mandatory 3832 evacuations, or a reduction in the presence of or response time 3833 for first responders or homeland security personnel. For 3834 purposes of sentencing under chapter 921, a felony offense that 3835 is reclassified under this paragraph is ranked one level above 3836 the ranking under s. 921.0022 or s. 921.0023 of the offense 3837 committed. 3838 (c) It is grand theft of the third degree and a felony of 3839 the third degree, punishable as provided in s. 775.082, s. 3840 775.083, or s. 775.084, if the property stolen is: 3841 1. Valued at $300 or more, but less than $5,000. 3842 2. Valued at $5,000 or more, but less than $10,000. 3843 3. Valued at $10,000 or more, but less than $20,000. 3844 4. A will, codicil, or other testamentary instrument. 3845 5. A firearm. 3846 6. A motor vehicle, except as provided in paragraph (a). 3847 7. Any commercially farmed animal, including any animal of 3848 the equine, bovine, or swine class or other grazing animal; a 3849 bee colony of a registered beekeeper; and aquaculture species 3850 raised at a certified aquaculture facility. If the property 3851 stolen is aquaculture species raised at a certified aquaculture 3852 facility, then a $10,000 fine shall be imposed. 3853 8. Any fire extinguisher. 3854 9. Any amount of citrus fruit consisting of 2,000 or more 3855 individual pieces of fruit. 3856 10. Taken from a designated construction site identified by 3857 the posting of a sign as provided for in s. 810.09(2)(d). 3858 11. Any stop sign. 3859 12. Anhydrous ammonia. 3860 13. Any amount of a controlled substance as defined in s. 3861 893.02. Notwithstanding any other law, separate judgments and 3862 sentences for theft of a controlled substance under this 3863 subparagraph and for any applicable possession of controlled 3864 substance offense under s. 893.13 or trafficking in controlled 3865 substance offense under s. 893.135 may be imposed when all such 3866 offenses involve the same amount or amounts of a controlled 3867 substance. 3868 3869 However, if the property is stolen within a county that is 3870 subject to a state of emergency declared by the Governor under 3871 chapter 252, the property is stolen after the declaration of 3872 emergency is made, and the perpetration of the theft is 3873 facilitated by conditions arising from the emergency, the 3874 offender commits a felony of the second degree, punishable as 3875 provided in s. 775.082, s. 775.083, or s. 775.084, if the 3876 property is valued at $5,000 or more, but less than $10,000, as 3877 provided under subparagraph 2., or if the property is valued at 3878 $10,000 or more, but less than $20,000, as provided under 3879 subparagraph 3. As used in this paragraph, the term “conditions 3880 arising from the emergency” means civil unrest, power outages, 3881 curfews, voluntary or mandatory evacuations, or a reduction in 3882 the presence of or the response time for first responders or 3883 homeland security personnel. For purposes of sentencing under 3884 chapter 921, a felony offense that is reclassified under this 3885 paragraph is ranked one level above the ranking under s. 3886 921.0022 or s. 921.0023 of the offense committed. 3887 (d) It is grand theft of the third degree and a felony of 3888 the third degree, punishable as provided in s. 775.082, s. 3889 775.083, or s. 775.084, if the property stolen is valued at $100 3890 or more, but less than $300, and is taken from a dwelling as 3891 defined in s. 810.011(2) or from the unenclosed curtilage of a 3892 dwelling pursuant to s. 810.09(1). 3893 (e) Except as provided in paragraph (d), if the property 3894 stolen is valued at $100 or more, but less than $300, the 3895 offender commits petit theft of the first degree, punishable as 3896 a misdemeanor of the first degree, as provided in s. 775.082 or 3897 s. 775.083. 3898 Section 42. For the purpose of incorporating the amendment 3899 made by this act to section 893.13, Florida Statutes, in a 3900 reference thereto, subsection (1) of section 831.311, Florida 3901 Statutes, is reenacted to read: 3902 831.311 Unlawful sale, manufacture, alteration, delivery, 3903 uttering, or possession of counterfeit-resistant prescription 3904 blanks for controlled substances.— 3905 (1) It is unlawful for any person having the intent to 3906 injure or defraud any person or to facilitate any violation of 3907 s. 893.13 to sell, manufacture, alter, deliver, utter, or 3908 possess with intent to injure or defraud any person, or to 3909 facilitate any violation of s. 893.13, any counterfeit-resistant 3910 prescription blanks for controlled substances, the form and 3911 content of which are adopted by rule of the Department of Health 3912 pursuant to s. 893.065. 3913 Section 43. For the purpose of incorporating the amendment 3914 made by this act to section 893.13, Florida Statutes, in a 3915 reference thereto, subsection (1) of section 893.1351, Florida 3916 Statutes, is reenacted to read: 3917 893.1351 Ownership, lease, rental, or possession for 3918 trafficking in or manufacturing a controlled substance.— 3919 (1) A person may not own, lease, or rent any place, 3920 structure, or part thereof, trailer, or other conveyance with 3921 the knowledge that the place, structure, trailer, or conveyance 3922 will be used for the purpose of trafficking in a controlled 3923 substance, as provided in s. 893.135; for the sale of a 3924 controlled substance, as provided in s. 893.13; or for the 3925 manufacture of a controlled substance intended for sale or 3926 distribution to another. A person who violates this subsection 3927 commits a felony of the third degree, punishable as provided in 3928 s. 775.082, s. 775.083, or s. 775.084. 3929 Section 44. For the purpose of incorporating the amendment 3930 made by this act to section 893.138, Florida Statutes, in a 3931 reference thereto, subsection (3) of section 893.138, Florida 3932 Statutes, is reenacted to read: 3933 893.138 Local administrative action to abate drug-related, 3934 prostitution-related, or stolen-property-related public 3935 nuisances and criminal gang activity.— 3936 (3) Any pain-management clinic, as described in s. 458.3265 3937 or s. 459.0137, which has been used on more than two occasions 3938 within a 6-month period as the site of a violation of: 3939 (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045, 3940 relating to assault and battery; 3941 (b) Section 810.02, relating to burglary; 3942 (c) Section 812.014, relating to dealing in theft; 3943 (d) Section 812.131, relating to robbery by sudden 3944 snatching; or 3945 (e) Section 893.13, relating to the unlawful distribution 3946 of controlled substances, 3947 3948 may be declared to be a public nuisance, and such nuisance may 3949 be abated pursuant to the procedures provided in this section. 3950 Section 45. For the purpose of incorporating the amendment 3951 made by this act to section 893.13, Florida Statutes, in a 3952 reference thereto, section 893.15, Florida Statutes, is 3953 reenacted to read: 3954 893.15 Rehabilitation.—Any person who violates s. 3955 893.13(6)(a) or (b) relating to possession may, in the 3956 discretion of the trial judge, be required to participate in a 3957 substance abuse services program approved or regulated by the 3958 Department of Children and Families pursuant to the provisions 3959 of chapter 397, provided the director of such program approves 3960 the placement of the defendant in such program. Such required 3961 participation shall be imposed in addition to any penalty or 3962 probation otherwise prescribed by law. However, the total time 3963 of such penalty, probation, and program participation shall not 3964 exceed the maximum length of sentence possible for the offense. 3965 Section 46. For the purpose of incorporating the amendment 3966 made by this act to section 893.13, Florida Statutes, in a 3967 reference thereto, section 903.133, Florida Statutes, is 3968 reenacted to read: 3969 903.133 Bail on appeal; prohibited for certain felony 3970 convictions.—Notwithstanding the provisions of s. 903.132, no 3971 person adjudged guilty of a felony of the first degree for a 3972 violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s. 3973 806.01, s. 893.13, or s. 893.135, or adjudged guilty of a 3974 violation of s. 794.011(2) or (3), shall be admitted to bail 3975 pending review either by posttrial motion or appeal. 3976 Section 47. For the purpose of incorporating the amendment 3977 made by this act to section 893.13, Florida Statutes, in a 3978 reference thereto, paragraph (l) of subsection (1) of section 3979 921.187, Florida Statutes, is reenacted to read: 3980 921.187 Disposition and sentencing; alternatives; 3981 restitution.— 3982 (1) The alternatives provided in this section for the 3983 disposition of criminal cases shall be used in a manner that 3984 will best serve the needs of society, punish criminal offenders, 3985 and provide the opportunity for rehabilitation. If the offender 3986 does not receive a state prison sentence, the court may: 3987 (l)1. Require the offender who violates any criminal 3988 provision of chapter 893 to pay an additional assessment in an 3989 amount up to the amount of any fine imposed, pursuant to ss. 3990 938.21 and 938.23. 3991 2. Require the offender who violates any provision of s. 3992 893.13 to pay an additional assessment in an amount of $100, 3993 pursuant to ss. 938.055 and 943.361. 3994 Section 48. For the purpose of incorporating the amendment 3995 made by this act to section 893.145, Florida Statutes, in a 3996 reference thereto, paragraph (a) of subsection (2) of section 3997 893.12, Florida Statutes, is reenacted to read: 3998 893.12 Contraband; seizure, forfeiture, sale.— 3999 (2)(a) Any vessel, vehicle, aircraft, or drug paraphernalia 4000 as defined in s. 893.145 which has been or is being used in 4001 violation of any provision of this chapter or in, upon, or by 4002 means of which any violation of this chapter has taken or is 4003 taking place may be seized and forfeited as provided by the 4004 Florida Contraband Forfeiture Act. 4005 Section 49. For the purpose of incorporating the amendment 4006 made by this act to section 893.145, Florida Statutes, in a 4007 reference thereto, paragraph (a) of subsection (6) of section 4008 893.147, Florida Statutes, is reenacted to read: 4009 893.147 Use, possession, manufacture, delivery, 4010 transportation, advertisement, or retail sale of drug 4011 paraphernalia.— 4012 (6) RETAIL SALE OF DRUG PARAPHERNALIA.— 4013 (a) It is unlawful for a person to knowingly and willfully 4014 sell or offer for sale at retail any drug paraphernalia 4015 described in s. 893.145(12)(a)-(c) or (g)-(m), other than a pipe 4016 that is primarily made of briar, meerschaum, clay, or corn cob. 4017 Section 50. For the purpose of incorporating the amendment 4018 made by this act to section 895.02, Florida Statutes, in a 4019 reference thereto, paragraph (a) of subsection (1) of section 4020 16.56, Florida Statutes, is reenacted to read: 4021 16.56 Office of Statewide Prosecution.— 4022 (1) There is created in the Department of Legal Affairs an 4023 Office of Statewide Prosecution. The office shall be a separate 4024 “budget entity” as that term is defined in chapter 216. The 4025 office may: 4026 (a) Investigate and prosecute the offenses of: 4027 1. Bribery, burglary, criminal usury, extortion, gambling, 4028 kidnapping, larceny, murder, prostitution, perjury, robbery, 4029 carjacking, and home-invasion robbery; 4030 2. Any crime involving narcotic or other dangerous drugs; 4031 3. Any violation of the Florida RICO (Racketeer Influenced 4032 and Corrupt Organization) Act, including any offense listed in 4033 the definition of racketeering activity in s. 895.02(1)(a), 4034 providing such listed offense is investigated in connection with 4035 a violation of s. 895.03 and is charged in a separate count of 4036 an information or indictment containing a count charging a 4037 violation of s. 895.03, the prosecution of which listed offense 4038 may continue independently if the prosecution of the violation 4039 of s. 895.03 is terminated for any reason; 4040 4. Any violation of the Florida Anti-Fencing Act; 4041 5. Any violation of the Florida Antitrust Act of 1980, as 4042 amended; 4043 6. Any crime involving, or resulting in, fraud or deceit 4044 upon any person; 4045 7. Any violation of s. 847.0135, relating to computer 4046 pornography and child exploitation prevention, or any offense 4047 related to a violation of s. 847.0135 or any violation of 4048 chapter 827 where the crime is facilitated by or connected to 4049 the use of the Internet or any device capable of electronic data 4050 storage or transmission; 4051 8. Any violation of chapter 815; 4052 9. Any criminal violation of part I of chapter 499; 4053 10. Any violation of the Florida Motor Fuel Tax Relief Act 4054 of 2004; 4055 11. Any criminal violation of s. 409.920 or s. 409.9201; 4056 12. Any crime involving voter registration, voting, or 4057 candidate or issue petition activities; 4058 13. Any criminal violation of the Florida Money Laundering 4059 Act; 4060 14. Any criminal violation of the Florida Securities and 4061 Investor Protection Act; or 4062 15. Any violation of chapter 787, as well as any and all 4063 offenses related to a violation of chapter 787; 4064 4065 or any attempt, solicitation, or conspiracy to commit any of the 4066 crimes specifically enumerated above. The office shall have such 4067 power only when any such offense is occurring, or has occurred, 4068 in two or more judicial circuits as part of a related 4069 transaction, or when any such offense is connected with an 4070 organized criminal conspiracy affecting two or more judicial 4071 circuits. Informations or indictments charging such offenses 4072 shall contain general allegations stating the judicial circuits 4073 and counties in which crimes are alleged to have occurred or the 4074 judicial circuits and counties in which crimes affecting such 4075 circuits or counties are alleged to have been connected with an 4076 organized criminal conspiracy. 4077 Section 51. For the purpose of incorporating the amendment 4078 made by this act to section 895.02, Florida Statutes, in a 4079 reference thereto, paragraph (g) of subsection (3) of section 4080 655.50, Florida Statutes, is reenacted to read: 4081 655.50 Florida Control of Money Laundering and Terrorist 4082 Financing in Financial Institutions Act.— 4083 (3) As used in this section, the term: 4084 (g) “Specified unlawful activity” means “racketeering 4085 activity” as defined in s. 895.02. 4086 Section 52. For the purpose of incorporating the amendment 4087 made by this act to section 895.02, Florida Statutes, in a 4088 reference thereto, paragraph (g) of subsection (2) of section 4089 896.101, Florida Statutes, is reenacted to read: 4090 896.101 Florida Money Laundering Act; definitions; 4091 penalties; injunctions; seizure warrants; immunity.— 4092 (2) As used in this section, the term: 4093 (g) “Specified unlawful activity” means any “racketeering 4094 activity” as defined in s. 895.02. 4095 Section 53. For the purpose of incorporating the amendment 4096 made by this act to section 895.02, Florida Statutes, in a 4097 reference thereto, section 905.34, Florida Statutes, is 4098 reenacted to read: 4099 905.34 Powers and duties; law applicable.—The jurisdiction 4100 of a statewide grand jury impaneled under this chapter shall 4101 extend throughout the state. The subject matter jurisdiction of 4102 the statewide grand jury shall be limited to the offenses of: 4103 (1) Bribery, burglary, carjacking, home-invasion robbery, 4104 criminal usury, extortion, gambling, kidnapping, larceny, 4105 murder, prostitution, perjury, and robbery; 4106 (2) Crimes involving narcotic or other dangerous drugs; 4107 (3) Any violation of the provisions of the Florida RICO 4108 (Racketeer Influenced and Corrupt Organization) Act, including 4109 any offense listed in the definition of racketeering activity in 4110 s. 895.02(1)(a), providing such listed offense is investigated 4111 in connection with a violation of s. 895.03 and is charged in a 4112 separate count of an information or indictment containing a 4113 count charging a violation of s. 895.03, the prosecution of 4114 which listed offense may continue independently if the 4115 prosecution of the violation of s. 895.03 is terminated for any 4116 reason; 4117 (4) Any violation of the provisions of the Florida Anti 4118 Fencing Act; 4119 (5) Any violation of the provisions of the Florida 4120 Antitrust Act of 1980, as amended; 4121 (6) Any violation of the provisions of chapter 815; 4122 (7) Any crime involving, or resulting in, fraud or deceit 4123 upon any person; 4124 (8) Any violation of s. 847.0135, s. 847.0137, or s. 4125 847.0138 relating to computer pornography and child exploitation 4126 prevention, or any offense related to a violation of s. 4127 847.0135, s. 847.0137, or s. 847.0138 or any violation of 4128 chapter 827 where the crime is facilitated by or connected to 4129 the use of the Internet or any device capable of electronic data 4130 storage or transmission; 4131 (9) Any criminal violation of part I of chapter 499; 4132 (10) Any criminal violation of s. 409.920 or s. 409.9201; 4133 (11) Any criminal violation of the Florida Money Laundering 4134 Act; 4135 (12) Any criminal violation of the Florida Securities and 4136 Investor Protection Act; or 4137 (13) Any violation of chapter 787, as well as any and all 4138 offenses related to a violation of chapter 787; 4139 4140 or any attempt, solicitation, or conspiracy to commit any 4141 violation of the crimes specifically enumerated above, when any 4142 such offense is occurring, or has occurred, in two or more 4143 judicial circuits as part of a related transaction or when any 4144 such offense is connected with an organized criminal conspiracy 4145 affecting two or more judicial circuits. The statewide grand 4146 jury may return indictments and presentments irrespective of the 4147 county or judicial circuit where the offense is committed or 4148 triable. If an indictment is returned, it shall be certified and 4149 transferred for trial to the county where the offense was 4150 committed. The powers and duties of, and law applicable to, 4151 county grand juries shall apply to a statewide grand jury except 4152 when such powers, duties, and law are inconsistent with the 4153 provisions of ss. 905.31-905.40. 4154 Section 54. This act shall take effect July 1, 2016.